The URL can be used to link to this page

Backup Documents 11/15/2005 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 15, 2005 11/18/2005 10:16 2392634864 NAPLESDAIL`f PAGE 05105 NAPLES DAYLV NEWS Published Daily Naples. FL 34102 Affidavit of Publication State of Florida County of Collies F3eforc the undersigned they serve as the authority, personally appeared Angela CirS ant, who on oath sav5 that they sews as the Adnlirtistrative Assistant To Tlie Publisher of the Naples Daily, a daily nc%v5paper published at Naples. in Collier County, Florida; distributed in Collier and Lec counties of Fl(,nda; that the attached copy of the ad+tenising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1. titne in the issue on November 13th, 2005_ .Alyiant farther aayc that the said Naplca Daily Name iR a newspaper published at Naples, in said (:attics County, Florida, and that the -aid newspaper has heretofore beetl continuously publiahed in said Collier County. l+'lorida; distrihutcd in Collicr and t.ee counties o:f Plorida, each day and has been entered as sncond class mail Maher at the pcuat offi;;o in Naples, it said Collier County, Florida, for a. oeriod of l year next preceding tBc First publication oftheatlnched copy of a h,ertisementa and affiant further nays that he has neither paid nor . promiscd any parson, llrm or corporation. ,try discount, rebate, commisAirm or refund for the purpme ofl.;eet,ring this advertisement for publication in rho said ninnspaM. . -tea► Sworn to and subscribed before inc This 14th day of November, 2005 (Signal.u.te of notary public) I ��i'ri,'1, Narrleft8uahnng ..• �wi! f4r C%)4�MiS510N Y f ^7?4bB7 EMPES 7uly 24, 200!7 '1( IMI11 rtIN ITPOV W rM; IkAV E @I t; r 7 -- PUBLIC NOT ICI✓ avow A. 1. N 'es' id�ints interested irr rerriewr'rng i he ag�ndal far the 1 Board e CountvCormMIS31 'onera:tttibeting.30h bldWted far' 1't; . ipld�rrit�er' i' ��JD5br •ifi�ece�ssta►ry( ;v�lbrlrle�a�+, . ogn vio% ft ful tt dcoume CM • C�Ha6f�e,( '11 cri`' i✓�►im'C 'st and Mt to o le1ltttd gd11 � irld, CIhirxhnei 16 bn Tlrn6 Wl th4r t oglortitto-:dtl 1rtiqi3j+, Nowerrl r 1.1, 3ftrdw, NaviHbet 12. Sutfday,. Novel111 er 1 �„ land 1�1ortday, t4ov4mbCr * * '0 a,hn.,'4 p.r>n..gnd 10 p;m. • The ltlQnlf1d iS also avalisplb f6r' peruairlrtg, on:, the /1.r11teryny]e�C�y t t1h*' Eollls'r .G{ounty: gn�+�srit:ment..we'b alts:_; VVaMYVI'ItVIV�.UaTagV11��,� - . + Poe, f W- sew' hb too rout, have alcem to im it r 1111$ *r Q* Ir rnet-i the agenda, will be, a4k.ble it 44li , at ttla llltl maWet em, :-which rec0ft coiss cn the Mond ft e'lloh lyaMing... h �iio 11l�rirtee ugrtout trte..cvunty 1rrltlgQb, trle �' If4�i��1Efi�ild'>~rr rtt�ldents ae �tl'; • per, 81i11i, } fltil kft, rmation, c ll Collier' raelrlty cwolp n�lr�tF *ft.h" -ft, 1 C "to Mor Wad b1* 7e : t!tn> {I�iikl'i1 Ntitir.ir�r.�3�7tiQ6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 15 -16, 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 Page 1 November 15 -16, 2005 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Chaplin Michael Harper, Naples Community Hospital 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.) Approved and /or Adopted with changes — 5/0; Additional change sheet presented on 11/16/05 with item that was omitted from the agenda (PUDEX- 05 -AR- 7951). This item is continued to the December 13, 2005 BCC Meeting - Approved 5/0 B. October 13, 2005 - BCC/ VAB Special Magistrate AM Meeting -front half of boardroom Approved as Presented — 5/0 C. October 13, 2005 - BCC /VAB Special Magistrate PM Meeting -front half of boardroom Approved as Presented — 5/0 D. October 14, 2005 - BCC/ VAB Special Magistrate AM Meeting -rear half of boardroom Approved as Presented — 5/0 Page 2 November 15 -16, 2005 E. October 17, 2005 - BCC /VAB Special Magistrate -front half of boardroom Approved as Presented — 5/0 F. October 18, 2005 - BCC /CRA Workshop Approved as Presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards - Presented 5 Years 1. Jim Coletta, Lake Trafford Restoration Task Force 2. Sofia Pagan, Hispanic Affairs Advisory Board 3. John Ribes, Parks and Recreation Advisory Board 4. Heather Rockcastle, Emergency Medical Services Advisory Council 5. Nicole Ryan, Lake Trafford Restoration Task Force 6. Sharon Tims, Immokalee Beautification MSTU Advisory Committee 7. Peter VanArsdale, Development Services Advisory Committee 10 Years 1. Jack Humphrey, Industrial Development Authority 2. Cheryle Newman, Golden Gate Beautification Advisory Committee 3. Barbara Minch Rosenberg, Industrial Development Authority Presented 4. PROCLAMATIONS A. Proclamation designating November 20 - 26 as Farm -City Week. To be accepted by David Santee. Adopted — 5/0 B. Proclamation designating November 15, 2005, as Hurricane Katrina Relief Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie Laliberte, and Tonia Figueroa of the Collier County Health Department; Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks, Page 3 November 15 -16, 2005 Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire Department; Erick Baltodano and Marc SanAngelo of the City of Naples Fire Department; Al Sanchez and David Levitt of Domestic Animal Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor, Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National Wildlife Refuge. Adopted — 5/0 C. Proclamation designating November 2005 as National Epilepsy Awareness Month. To be accepted by Gerry Harwick, Prevention and Education Coordinator for Epilepsy Services of Southwest Florida; and Marielys Figueroa Ruiz, Case Manager for Epilepsy Services of Southwest Florida. Adopted -5 /0 D. Proclamation designating November 2005 as United Way of Collier County Agency Awareness Month. To be accepted by Palma Fuson, President of the Board of Directors, United Way; Jennifer Edwards and Dr. Leo Mediavilla, Co- Chairs of the Campaign, United Way. Adopted -5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. This item was continued from the October 25, 2005 BCC Meeting. Public Petition request by Thomas Selck to discuss Building Permit No. 2005- 080737, 3560 21st Avenue SW. Motion to bring back at a future BCC Meeting — 3/2 (Commissioner Henning and Commissioner Halas opposed) B. This item was continued from the October 25, 2005 BCC Meeting. Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. Motion to bring back at a future BCC Meeting — 5/0 C. Public Petition request by John J. Juliano to discuss acceptance of Henderson Creek Drive as a County Road. Page 4 November 15 -16, 2005 Motion to bring back at a future BCC Meeting — 3/1 (Commissioner Halas opposed and Commissioner Henning out) Item 7 and 8 to be heard no sooner than 1.00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item was continued from the October 25, 2005 BCC Meeting to the _November 1, 2005 Meeting and was further continued to the November 15, 2005 BCC Meeting This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2005 -AR -7586 Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5,000 square feet within the C -3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast corner of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. Resolution 2005 -400 — Adopted 5/0 B. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 2005 BCC Meeting. This item requires that all _participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU- 2003 -AR -3573. Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF -6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03 acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. Resolution 2005 -401 — Adopted w /stipulations 4/1 (Commissioner Halas opposed) C. This item was continued from the July 26, 2005 and October 11, 2005 BCC meetings and is further being requested to be continued indefinitely. This item requires that all participants be sworn in and ex Page 5 November 15 -16, 2005 parte disclosure be provided by Commission members. CU- 2004 -AR- 6384 Golden Gate Congregation of Jehovah's Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU -96 -12 (E) Ordinance Number 97 -440. The new church building is proposed to be 4,400 square feet. The property consisting of 5.15 acres is located at 3480 Golden Gate Boulevard S. W., Tract 81, Golden Gate Estates Unit No. 4, in Section 11, Township 49 South, Range 26 East, Naples, Florida. Approved to continue indefinitely — 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2005 -AR -7469, Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RWA, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed -use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard (CR 951), approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, Florida. Ordinance 2005 -61— Adopted w /stipulations 510 B. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2005 -AR -7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2 -year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest corner of Rattlesnake - Hammock Road and Collier Boulevard, in Section 22, Page 6 November 15 -16, 2005 Township 50 South, Range 26 East, Collier County, Florida. Resolution 2005 -402 — Adopted 5/0 C. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 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 -6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 95 1) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) Ordinance 2005 -62 - Adopted w /stipulations 5/0 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2004 -AR- 6906 James J. Fields, contract purchaser, represented by William Hoover of Hoover Planning and Development, Inc., requesting: a rezone from the Residential Multi- Family -6 (RMF -6) with a Bayshore Mixed Used District- Residential (BMUDR2) overlay zoning district to the Residential Planned Unit Development (RPUD) zoning district for a Project to be known as the Cirrus Pointe PUD, to allow for a multi- family Project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this Project for low - income residents that will include a maximum of 32 units designated as Affordable Housing units. The subject property, consisting of 9.92 acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. Ordinance 2005 -63 — Adopted 5/0 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2004 -AR- Page 7 November 15 -16, 2005 6084 Waterways Joint Venture IV, represented by Dwight H. Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a Project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 292 residential units and recreational amenities. The Project density is proposed to be 6.85 units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 121 units at 3.0 bonus density units per acre) in the development of this Project for low - income residents that will include a maximum of 29 units designated as affordable housing units. The Project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR -951), approximately 1 mile south of Immokalee Road (CR -846). Access to serve the Project is proposed to be from Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2005 -64 Adopted w /CCPC stipulations — 4/1 (Commissioner Fiala opposed) F. This item requires that all participants be sworn in an ex parte disclosure be provided by Commission members. PUDA- 2005 -AR -7557; Empire Developers Group LLC, represented by Laura Spurgeon of Johnson Engineering, Inc., requesting an amendment to the HD Development PUD document and Master Plan by revising the development standards in Tracts 1 and 2 by: revising the minimum single - family lot areas from 12,000 square feet and 6,000 square feet to 9,000 square feet; revising the minimum interior lot widths from 85 feet and 55 feet to 60 feet; revising the minimum corner lot widths from 95 feet and 65 feet to 65 feet; the Project ownership; removing attached and zero -lot line dwelling units as permitted uses; and, adding additional landscape requirements along the northern PUD boundary. The subject property is approximately 46.64 acres located east of Olde Cypress Boulevard, between Immokalee Road (CR 846) and Treeline Drive, in Section 21, Township 48 South, Range 26 East. Ordinance 2005 -65 Adopted w /stipulations — 5/0 G. This item is being requested to be continued to the November 29, 2005 BCC Meeting. Petition: represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district Page 8 November 15 -16, 2005 to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. Approved motion to continue to the 11/29/05 BCC Meeting — 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Nomination of applicant to forward to the Governor for consideration of appointment to the SW FL Expressway Authority. Resolution 2005 -403 11 /16 /05 : Nominating Stanley W. Plappert — Adopted -3/2 (Commissioner Halas and Commissioner Coletta opposed) B. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2005 -404 11 /16 /05 : Re- appointing Richard E. Lydon to the Vanderbilt Beach Beautification MSTU Advisory Committee — Adopted - 5/0 C. Appointment of members to the Immokalee Master Plan and Visioning Committee. Resolution 2005 -405 11 /16 /05 : Appointing Richard Rice and Brian Blocker to the Immokalee master Plan and Visioning Committee — Adopted - 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1:00 p.m. Review of the approval of a Commercial Excavation Permit (AR 3853) for "Mirasol Flowway and Water Management Lakes, located in Sections 10, 15, & 22, Township 48 South, Range 26 East: bounded on the north by Lee County (Residential), on the west by Parklands PUD, Terrafina PUD, and land zoned Agricultural, on the South by Immokalee Road and the Cocohatchee Canal, and on the east by land zoned Agricultural and by the Heritage Bay PUD. (Joseph K. Schmitt, Administrator, Community Development) Approved - 3/2 (Commissioner Fiala and Commissioner Halas opposed) Page 9 November 15 -16, 2005 B. Status report to the Board of County Commissioners on the Copeland Area Rezone Project. (Joseph K. Schmitt, Administrator, Community Development) Approved — 5/0 11/16/05 C. Recommendation to approve a Budget Amendment in support of Hurricane Wilma Recovery Efforts in Collier County. ($31,000,000) (Mike Smykowski, Director, Office of Management and Budget) Approved - 510 11/16/05 D. Recommendation to approve a budget amendment for the transfer of funds from the Collier County Water -Sewer District Operating Fund (408) Reserve for Contingencies, and other sources of Revenue in the total amount of $2,000,000 to cover unanticipated Hurricane Wilma related operating expenses in the North County Water Reclamation Facility and Wastewater Collections Cost Centers. (Jim DeLony, Administrator, Public Utilities) Approved — 5/0 11/16/05 E. This item to be heard at 10:00 a.m. Recommendation to approve an Agreement for Sale and Purchase with the Trust for Public Land for the purchase of land housing and adjoining Caribbean Gardens and the Naples Zoo at a cost not to exceed $45,667,911. (Marla Ramsey, Administrator, Public Services) Motion to approve purchase of Option #1; The purchase of Parcels #1, 2, 3, 10, and 16 for $45 million, with acceptance of the purchase agreement and the lease (with modification /amendments with TPL and the Zoo in agreement ) and then have further discussion on Parcels 11 and 12 - Approved — 3/2 (Commissioner Henning and Commissioner Halas opposed); Motion to approve purchase Parcels #11 & #12 for the amount of $4 million - Approved with stipulations — 4/1 (Commissioner Henning opposed) F. This item to be heard with Item #10E. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $7,200,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of the Caribbean Gardens property; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to Page 10 November 15 -16, 2005 secure such loan note or notes with a covenant to budget and appropriate legally available non -ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Mike Smykowski, Director, Office of Management and Budget) Resolution 2005 -399 Adopted - 5/0 G. Recommendation to approve an amendment to Contract 04 -3673 with Carollo Engineers in an amount of $1,144,432.00 to provide professional engineering services for design of the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 11/16/05 H. Recommendation to award bid #05 -3873 Golden Gate Parkway Grade Separated Overpass Landscape Installation to Hannula Landscaping Inc. with a base amount of $1,100,584.65 and 10% contingency of $110,058.46 for a total of $1,210,643.11 plus bid alternate 2a (fund 313, Project #600066). (Norman Feder, Administrator, Transportation Services) Approved - 5/0 11 /16 /05 L Recommendation to name the water park facility at North Collier Regional Park "Wetlands ". (Marla Ramsey, Administrator, Public Services) A Motion was made to name the park "Sun -n -Fun Lagoon" — Approved - 5/0 11 /16 /05 Moved from Item #16D1 — Remained on Consent J. Recommendation that the Board of County Commissioners approve a rate increase of $700 per burial for indigent adult burial services funded by the Human Services Department. For the new cost of $1,600 per burial Moved from Item #16E3 K. Recommendation that the Board authorize the County Attorneys Office to draft an ordinance to authorize airport -type searches of individuals who enter the Administration Building at the Main Government Complex. Approved - 4/1 11/16/05 (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Kraszowski's comments on rental /housing costs 11 /16 /05 Page 11 November 15 -16, 2005 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 11/16/05 A. Jim Mudd recognizes the passing of Mr. Ken Abernathy B. Dan Summers wrap up of the recovery efforts surrounding Hurricane Wilma C. Commissioner Coletta's concerns regarding migrant work in Immokalee; a decision was made to schedule a workshop D. Joe Schmidt's discussion regarding Dinah Shores and Port -Au- Prince E. Motion to make Commissioner Halas the contact person for the Florida Annual Conference in Marco Island, representing Collier County — Approved — 4/1 (Commissioner Halas opposed) F. Staff to work on "rate of growth" Ordinance for Collier County - Consensus ------------------------------------------------------------------------------------------- 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. --------------------------------------------------------------------------------------------- Approved and /or Adopted with changes — 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Three. The roadway and drainage improvements will be privately maintained. Resolution 2005 -388 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Page 12 November 15 -16, 2005 Four. The roadway and drainage improvements will be privately maintained. Resolution 2005 -389 3) Recommendation to award Contract 05 -3784, in the amount of $62,000, for Consultant Services for the United States Department of Housing and Urban Development (HUD) Five -Year Consolidated Plan which includes a One -Year Action Plan and Analysis of Impediments to Fair Housing to Florida Planning Group. 4) CARNY- 2005 -AR -8548, Reverend Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, requesting a permit to conduct a carnival on November 23, 24, 25, 26 and 27, 2005, located at 207 South 9th Street in Immokalee. CP- 2005 -07 5) Recommendation that the Collier County Board of Commissioners terminate Contract 033500 Land Use and Permitting Software Application with Hansen Information Technologies. Due to internal technical issues and the inability to meet the project deadline B. TRANSPORTATION SERVICES 1) Recommendation to approve an amended funding agreement with the South Florida Water Management District for an additional amount of $250,000.00 for design and construction of the Gordon River Water Quality Park. For a total cost of $750,000.00 2) Recommendation to approve a Florida Communities Trust (FCT) grant contract from the State of Florida Department of Community Affairs for the Gordon River Water Quality Park. As Detailed in the Executive Summary 3) Recommendation to approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the conversion of an existing irrigation system from potable to effluent water source along US 41 North (Tamiami Trial North) from Pine Ridge Road to Vanderbilt Beach Road. (The grant is Page 13 November 15 -16, 2005 for $50,000 for the effluent conversion and for other incidentals.) Resolution 2005 -390 4) Recommendation that the Board of County Commissioners adopt a Resolution, superseding and replacing Resolution 03 -239, to prohibit trucks in excess of five (5) ton capacity and other commercial vehicles, except when passing or preparing to turn left, from operating in the left lane on: Immokalee Road from Airport- Pulling Road to Collier Boulevard; Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard; Collier Boulevard from Golden Gate Boulevard to US 41; and on Immokalee Road from Collier Boulevard to 43rd Avenue N.E. Resolution 2005 -391 C. PUBLIC UTILITIES 1) Recommendation to Award Bid #05 -3885 - SCWRF Lawn and Berm Maintenance to Ground Zero in the approximate annual amount of $58,000. For Berm Maintenance at the South County Water Reclamation Facility 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light Company for the installation of underground electric facilities to serve the Santa Barbara Sewer Force Main Interconnect Pump Station. Located on the Vanderbilt Beach Road Extension 3) Recommendation to award Bid No. 05 -3892 to D. N. Higgins, Inc. for the South County Water Reclamation Facility Rehabilitation Piping and Odor Control Modifications in the amount of $217,900.00; Project 725341 To further reduce odors and provide plant operational flexibility and reliability 4) Recommendation to authorize the purchase of sole - source technical support services related to SCADA programming software for Collier County Public Utilities Division -wide Site Licenses in the amount of $31,637.38 for Project 710561 Water SCADA Systems Software & Page 14 November 15 -16, 2005 Support Renewals, and Project 725411 Wastewater SCADA Systems Software & Support Renewals. With Grey Matter Systems 5) Recommendation to Authorize Sole Source Purchase of Replacement Pumps, Specified Repair Parts and Materials for Approved Submersible Lift Stations in the estimated annual amount of $300,000. With ITT Flygt Corporation 6) Recommendation to accept a reimbursement check in the amount of $22,920 from Greeley and Hansen for the design of three check valves at Pump Station 107 and approve a Budget Amendment Project 739452. For non - conformance of Utility Standards 7) Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. DG061166 in the amount of $1,000,000.00 as partial funding for construction of Hawthorn Wells, Project number 710111 and Project number 710061. To provide additional raw water sources to meet increased water demands 8) Recommendation to approve work order CH2 -FT- 3785 -06 -01 under Contract # 05 -3785 with CH2M HILL, Inc. in an amount of $144,600.00 to provide professional engineering services for design of a reclaimed water transmission main to serve the Northeast Regional Water Reclamation Facility, Project Number 74311. To run through the Immokalee Road Corridor 9) Recommendation to approve a change order to work order MP- FT -04- 04 under Contract 00 -3119 with Malcolm Pirnie, Inc. in an amount not to exceed $300,000.00 to provide continuing project management support services for the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. To provide water and wastewater treatment facilities to meet demand in the Northeast region of the County 10) Recommendation to award Contract 05 -3896, to Mitchell & Stark Construction Company Inc., in the amount of $262,300, for the South Page 15 November 15 -16, 2005 County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades, Project 72008. To improve safety and reliability for the chemical storage 11) Recommendation to approve Work Order UC -122, under Contract 04- 3535 to Kyle Construction Inc., in the amount of $197,491, and a budget amendment to incorporate additional funds, in the amount of $154,936, from Centex Homes for the Immokalee Road Wellfield Well 1 Relocation, Project 73955. 12) Recommendation to approve Work Order CH2 -FT- 3785 -06 -02 under Contract 05 -3785 with CH2M Hill for design services related to the raw water transmission main on Immokalee Road in the amount of $ 266,860, for the Northeast Regional Water Treatment Plant, Wellfield Project 70899. For expansion of the NERWTP 13) Recommend that the Board of County Commissioners approve the attached Settlement Agreement and Release among Collier County, the Collier County Water -Sewer District (CCWSD), and two landowners: Citygate Development, LLC, and CG II, LLC in the amount of $500,000. As Detailed in the Executive Summary 14) Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. DG061167 in the amount of $433,333.00 as partial funding for construction of the 12th Avenue Tamiami Interconnect Pipeline, Project Number 710061. To provide an interconnect pipeline to blend brackish and fresh water to optimize usage of the existing well fields 15) Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. DG061169 in the amount of $500,000.00 as partial funding for construction of the Reclaimed Water ASR, Project Number 74030. To provide for storage of reclaimed water for usages during dry periods of the year 16) Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. DG061168 in the Page 16 November 15 -16, 2005 amount of $720,000.00 as partial funding for construction of the Reclaimed Water Projects, Project Numbers 74035, 74076, and 72501. To allow reclaimed water to be transferred between the north and south service areas, as it is needed D. PUBLIC SERVICES Moved to Item #IOJ — Remained on Consent 1) Recommendation that the Board of County Commissioners approve a rate increase of $700 per burial for indigent adult burial services funded by the Human Services Department. For the new cost of $1,600 per burial 2) Recommendation that the Board of County Commissioners authorize the use of $82,200 from the Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in Golden Gate City. This agreement runs through December 31, 2005 3) Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of $125,000. The contract period runs from September 1, 2005 though August 31, 2006 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve Phase II of Work Order #SCD- FT -05- 02, issued to Spillis Candela DMJM (Architects), in the amount of $137,454.00 for the design of the Courthouse Renovations, Floors 1 and 4 Project. To coordinate the various projects that are being built at the Main Government Center Page 17 November 15 -16, 2005 2) Confirm and consent to the re- assignment of Contract Nos. 00 -3131, and 04 -3614, both titled Fixed Term Landscape Architectural Services from Outside Productions, Inc. to Windham Studio, Inc. Moved to Item #IOJ 3) Recommendation that the Board authorize the County Attorneys Office to draft an ordinance to authorize airport -type searches of individuals who enter the Administration Building at the Main Government Complex. To keep weapons and explosives out of the building 4) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. For the period of September 27, 2005 through October 30, 2005 5) Recommendation to piggyback upon the award for Pharmacy Benefit Management Services as approved by the District School Board of Collier County to Express Scripts, Inc. For pharmacy benefit management services to the Collier County Health Insurance Plan 6) Recommendation to award RFP #05- 3748R, Onsite Primary Care Health Services to Vocatus Medical Management Services of Naples, Florida. To provide onsite health care services to employees enrolled under the Collier County Group Insurance Plan F. COUNTY MANAGER 1) Recommendation to authorize the drafting of an Ordinance to recover costs associated with hazardous material spills and negligently caused fire emergencies. Under the Bureau of Emergency Services 2) Recommendation to approve a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. 3) Approval of Budget Amendment Report. Page 18 November 15 -16, 2005 4) Recommend Approval of supporting Swamp Buggy Fall Classic in the amount of $10,000 for out of market advertising for event date change. Due to Hurricane Wilma the event has been moved to December 3 -4, 2005 5) Recommendation to approve a Resolution approving, as serving a valid public purpose, the expenditure of County funds for specific expenditures relating to recognition for individuals who performed exceptionally before, during and after Hurricane Wilma. ($25,000) Resolution 2005 -392 6) Recommendation to approve an emergency - related Resolution adopting temporary policy of non - enforcement of permitting requirements and code violations related to County's use of parcels, PUD areas and sites for horticultural debris and construction and demolition debris deposit and processing prior to removal. Resolution 2005 -393 G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 17th Annual SW Florida Residential Development Snapshot on November 10, 2005 at the Naples Elks Lodge; $60.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend the Leadership Holiday Party on December 6, 2005 at the Hilton Naples and Towers; $35.00 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the American Specialty Contractors of Page 19 November 15 -16, 2005 Florida (A.S.C.F.) Board of Directors Meeting on November 10, 2005 and is requesting reimbursement in the amount of $30.00, to be paid from the travel budget. To be held at the Kensington Golf and County Club on Pine Ridge 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Collier Citizen of the Year 2005 event on November 8, 2005 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. To be held at The Club at The Strand I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve Agreed Order Awarding Contractor Expert Fees and Costs in the amount of $1,750.00 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 $1,750.00) As Detailed in the Executive Summary 2) Recommendation to approve Agreed Order Awarding Real Estate Appraiser Expert Fees and Costs in the amount of $10,000.00 for 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). (Fiscal Impact $10,000.00) As Detailed in the Executive Summary 3) Recommendation to approve Agreed Order Awarding Real Estate Appraiser Expert Fees and Costs in the amount of $10,000.00 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. Page 20 November 15-16,2005 03- 2372 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $10,000.00) As Detailed in the Executive Summary 4) 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 $70,000.00 for the Acquisition of Parcel 177 in the Lawsuit Styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02- 2218 -CA (Immokalee Road Project No. 60018). (Fiscal Impact: $48,456.00) As Detailed in the Executive Summary 5) Recommendation to the Board of County Commissioners and the Board, Acting as Ex- Officio the Governing Board of the Collier County Water -Sewer District, to Approve a Settlement With Wright Construction Corp. Arising out of Disputes Over Payment in Connection With the North County Regional Water Reclamation Facility Deep Injection Well Pump Station Bid /Contract No. 03 -3442. As Detailed in the Executive Summary 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. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. A Resolution amending Resolution Number 05- Page 21 November 15 -16, 2005 261 that granted Conditional Use approval for the Florida Home Model Center Extension to correct a scriveners error resulting from an incorrect legal description included in the adopted Resolution for property located in Section 15, Township 49 S, Range 26 E, Collier County, Florida. Resolution 2005 -394 B. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT2005- AR8151 to disclaim, renounce and vacate the County's and the Publics interest in a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of Flamingo Estates as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. Resolution 2005 -395 C. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -04 -AR -6422, D. Wayne Arnold of Q. Grady Minor & Associates, P. A., and George Varnadoe of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting to rezone 53 acre site from Rural Agriculture (A) Zoning District to a Mixed - Use Planned Unit Development (MPUD) to be known as the Mercato MPUD permitting a maximum of 395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27.7 -acre Mixed Use tract and 175 residential dwelling units in a mixed -use area and on a 10.67 acre Residential Tract resulting in a density of 3.3 units per acre. The property is located on the northeast quadrant of Vanderbilt Beach Road (CR -862) and Tamiami Trail North (US- 41) in Section 34, Township 48 South, Range 25 East. Ordinance 2005 -58 D. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the Page 22 November 15 -16, 2005 November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRIABN- 2004 -AR -6251 Collier Development Corporation (CDC) represented by George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DRI) for the CDC DRI approved in DRI Development Order 862, approved on November 10, 1986 because the proposed changes to the PUD will reduce the Project below the applicable criteria for a DRI. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. Companion to PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD (Companion to Item #17E - PUDZ -A- 2004 -AR -6126) Resolution 2005 -396 E. This item has been continued from the October 25, 2005 BCC Meeting to the November 1, 2005 BCC Meeting and was further continued to the November 15, 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 -6126 WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, of RWA, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural - Special Treatment area (A -ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a Project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DRI. The proposed Project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation /village center uses, and public facility uses, preserve areas and rights -of -way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. (Companion to agenda item #17D - DRIABN- 2004 -AR -6251) Ordinance 2005 -59 Page 23 November 15 -16, 2005 F. This item has been continued from the October 25, 2005 BCC Meetinp- to the November 1, 2005 BCC Meeting and was further continued_ to the November 15, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2005 -AR -7909 Lodge Abbott and Associates, LLC, represented by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, PA, is requesting a 2 -year extension of the Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2005 -397 G. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001 -75, as amended, The Public Vehicle for Hire Ordinance; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing a delayed effective date. Ordinance 2005 -60 H. Resolution of the Board of County Commissioners of Collier County, Florida, requesting the Redesignation of the Immokalee Enterprise Zone, providing reasons for Redesignation, and providing an Effective Date. Resolution 2005 -398 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 24 November 15 -16, 2005 AGENDA CHANGES 42 All BOARD OF COUNTY COMMISSIONERS' MEETING November 15, 2005 Item 2B should read: October 13, 2005 - BCC/Value Adjustment Board Special Magistrate AM Meeting. (Staff's request.) Item 2C should read: October 13, 2005 - BCCNaIue Adjustment Board Special Magistrate PM Meeting. (Staff's request.) Item 2D should read: October 14, 2005 - BCC/Value Adjustment Board Special Magistrate AM Meeting. (Staff's request.) Item 2E should read: October 17, 2005 - BCC/Value Adjustment Board Special Magistrate Meeting. (Staff's request.) Item 10A: Second paragraph, second sentence should read, " ... as a water shed area for a "fourth" (rather than "forth ") PUD to the north ..." (Commissioner Fiala's request.) Item 16C13: The sixth paragraph under Considerations should read: The Agreement includes a promise from the CCWSD to Citygate regarding a potential panther crossing, as well as specified permitting and regulation issues, but none of these crossing issues require any expenditure of money or granting any credit by the County or by the CCWSD. (Commissioner Fiala's request.) Note: Item 16C13: Significant transportation improvement conditions were placed on approval of the Citigate DRI /DO. Nothing in today's action removes or limits Citigate's transportation development requirements nor limits access to the future Collier Boulevard signalized entrance to Citigate from Landfill Road. Item 16E2: Second paragraph, first sentence under Considerations should read: "Outside Productions, Inc." (rather than Outside Products, Inc.) (Commissioner Fiala's request.) Item 16D1 - Move to 10J: Recommendation to approve a rate increase of $700 per burial for indigent adult burial services funded by the Human Services Department. (Commissioner Henning's request.) Item 16E3 - Move 10K: Recommendation that the Board authorize the County Attorney's Office to draft an ordinance to authorize airport -type searches of individuals who enter the Administration Building at the Main Government Complex. (Commissioner Henning's request.) Item 17D Second paragraph, fifth sentence under Considerations should read, " ... should be exempt "from" (rather than "for ") the DRI Standards. (Commissioner Fiala's request.) NOTE: Please note that Items 7B and 8G require that all participants be sworn in and ex parte disclosure be provided by Commission members. Time Certain Items: Item 10A to be heard at 1:00 p.m. Review of the approval of a Commercial Excavation Permit (AR 3853) for "Mirasol Flowway and Water Management Lakes, located in Sections 10, 15, & 22, Township 48 South, Range 26 East: bounded on the north by Lee County (Residential), on the west by Parklands PUD, Terrafina PUD, and land zoned Agricultural, on the south by Immokalee Road and the Cocohatchee Canal, and on the east by land zoned Agricultural, and by the Heritage Bay PUD. Item 10E to be heard at 10:00 a.m. Recommendation to approve an Agreement for Sale and Purchase with the Trust for Public Land for the purchase of land housing and adjoining Caribbean Gardens and the Naples Zoo at a cost not to exceed $45,667,911. 2 A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS MEETING Continuation of the November 15, 2005 Meeting November 16, 2005 The following item was advertised but omitted from the November 15, 2005 BCC Agenda and is hereby requested to be continued to the December 13, 2005 BCC meeting. PUDEX -05 -AR -7951 Teryl H. Brzeski, represented by J. Gary Butler of Butler Engineering, Inc., is requesting a 2 -year extension of the Pine Ridge Corners PUD. The subject property consisting of 4.22 acres, is located north of Pine Ridge Road, 1/6 mile east of Whippoorwill Lane, in Section 7, Township 49 South, Range 26 East, Collier County, Florida. PROCLAMA TION 4,4,1 WHEREAS, November 200 through 26'h is National Farm -City Week, o time set aside to recognize and honor the contributions of the country's agriculturalists and to strengthen the bond between urban and rural citizens; and, WHEREAS, in Collier County the highpoint of Form -City Week is the annual Farm City Barbecue, sponsored by Collier County's University Extension and a committee of volunteers; and, WHEREAS, agriculture is an important element in Collier County's economic machine, with total economic activity of over $300 million annually; and, WHEREAS, twenty -two percent of Collier County is utilized for agriculture, providing vital ecological benefits, including habitat for wildlife and recharge area for our aquifer, and, WHEREAS, the Board of Collier County Commissioners supports local agriculture through programs including cooperation with the University of Florida/ IFAS Extension Service; and, WHEREAS, 2005 marks the 500 year of thi National Farris City Partnership; and, WHEREAS, we encourage all citizens to pause to recognize the contributions of our local farmers and ranchers to our economy, our food supply, and our society, and, WHEREAS, today we honor the Daniel Rosbaugh family as this year's 'Farm Family" of the year for their numerous years of tireless commitment and dedication to Collier County and its agriculture. NOW THEREFORE, `be `it proclaimed by the Board of County `Commissioners of Collier County, Florida that =on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this county's agriculturalists, and that November 2V *, through 26th be designated as Farm -City Week DONE AND ORDERED THIS 15th Day of November, 2005. ATTEST• OWI6 E. BROCK, CLERK BOARD OF COUNTY COMMrSSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, uNrvcxsrrvOr• ��' unty ' ' FLORIDA..— Collier County University Extension Pres: IFAS EXTENSION A Public Services Division Department t 2 11 0 "" 05 Far I rr Calty' To promote an enlightened understanding between urban and rural residents and to promote awareness of the importance of agriculture to the area u Wednesday, November 23, 11:30 a.m. FARM -CITY University Extension Office 14700 Immokalee Road (Next to the Collier County Fairgrounds - 10 miles East of I -75 on Immokalee Road) Celebrating Brought to you each year by these generous sponsors: 50 Years Featuring: 4H Livestock Displays Live Roping Demonstrations and music by NAPLES L!lMBER or Ilan t�RE CT Tier Electric Inc. GENERAL CONTRA(tpftl f ONSTRIICTION MliNAG[RS Support 4H Nichols & Associates a .tl. niun u! !1r<a, n � 13 rta n. Inc. Barron Collier Partnership Pacific Collier N Nobles Collier Collier Enterprises Russell's Clambakes, Greenscapes, TIB Bank, J. Roland Lieber, Florida Community Bank, Gulfshore Insurance, ADKM Design, Graybar, Comcast, Hughes Supply, Mid Continent Electric Portions of the proceeds benefit the #00*000 000 0 0 00400 00400000 0 Collier County 4H Foundation Tickets: $18.00 avalleble at: University of Florida Extension Greater Naples Chamber of Commerce 14700 Immokalee Road Visitor's Information Center 353 -4244 2390 North Tamiami Trial, Naples 262 -6376 Florida Community Bank Branches Immokalee N Golden Gate Golden Gate Estates Nichols & Associates 999 Vanderbilt Beach Road, Suite 509 Menu: Grilled Steak, Corn on the Cob, Baked Beans, Rolls, Immokalee Salad Checks made payable to Friends of Extension. 4 BI PROCL AMA TION WHEREAS, Hurricane Katrina was one of the most catastrophic hurricanes in U. S. History, and, WHEREAS, the hurricane impacted more than 90, O00 square miles along the Louisiana, Mississippi, Alabama, and Florida coastlines when it struck on August 29, 2005; and, WHEREAS, a massive and unprecedented disaster relief response has been mounted by both the public and private sectors; and, WHEREAS, Collier County government agencies quickly responded to the call for assistance in the hurricane- stricken areas; and, WHEREAS, five county Emergency Medical Services paramedics - Division Chief Dan Bowman, Capt. Les Williams, Lt. Eva Weeks, Lt. Heather Spieth, and Lt. Eric Havens, along with the City of Marco Island Fire Department's Chris Byrne and Jonathan Aponte and the City of Naples Fine Departments Erick Baltodano and Marc SanAngelo - were dispatched to Mississippi to assist Katrina victims, and, WHEREAS, four Health Department employees - Karen Simander, Marie Labberte, Tonia Figueroa, and Nicole Basta - were also deployed in the relief effort, and, WHEREAS, two Domestic Animal Services Officers - Al Sanchez and David Levitt - were sent to 6Aport, Mississippi in a search and rescue mission to help the thousands of animals left homeless or igjured by the hurricane; and, WHEREAS, seven employees from the Florida Panther National Wildlife Refuge in comer County - Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor, Jamie Farmer, Fed Privett, and Marty White - assisted in rescuing hundreds of citizens in coastal Louisiana and Mississippi, supporting local police and fire department officials and providing critical help to American Red Cross relief workers, and, WHEREAS, the bravery, dedication, and compaeslon exhibited by each of these individuals during this crisis deserves special recognition. , �x NOW THEREFORE, be it proclaimed by the Bccnd 4f `County Commissioners of Collier County, Florida, that November 15, 2005, be designated as Hurricane Katrina Relief Workers' Day DONE AND ORDERED THIS 15th Day of November, 2005. ATTEST.• DWI T E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN PROCLAMA TIO/V WHEREAS, more than 2.5 mil /ion people in the United States have epilepsy, including 160, 000 people in the State of Florida; and, WHEREAS, it is estimated that between 70, 000 to 129, 000 new cases of epilepsy occur each year in the United States, and, WHEREAS, epilepsy can affect anyone, at any age and at any time; and, WHEREAS, the lack of education about this disorder has contributed to age - o/d myths, superstitions, and prejudices, and the stigma associated with this disorder is sometimes worse than the disorder itself; and, WHEREAS, the goo/ of thi Epilepsy Services -Pf g m is to improve the health and quality of life of a// Floridians with epilepsy through the provision of essential medical.care,; case management, and pharmaceuticals to maximize seizure control; through vocational services to improve employment opportunities, and through professional and community` education to improve understanding of the challenges faced by people: who have 'epilepsy. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that November be designated as NATIONAL EPILEPSY AWARENESS MONTH DONE AND ORDERS& BL5 "1Y -'AD yuof 'MAe ber,4'2010,5. tY ltk- BOARD OF COUNTY C0MMr55r0NER5 COLLIER COUNTY, FLORIDA A TTEST.• r DWI6 E. BROOK, CL FRED W. COYLE, j tt PROCLAMA TION WHEREAS, since 1957, the United Way of Collier County has sponsored and funded qua lified, non - profit community agencies which provide essential social and health services to our citizens; and, WHEREAS, throughout the 48 year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 29 community agencies providing services to all areas of our County; and, WHEREAS, the Board of County Commissioners gratefully acknowledge and support the fine work of the United Way of Collier County and its member agencies, NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November, 20105, be designated as i' United Wary of Co/ /ier = County -Agency Awareness Month DONE AND ORDERED THIS !Y4 Day of 'November, 2005. BOARD` OF COUNTY COMMISSIONERS ATTEST: was- OWI6 E. BROCK, CLERK r� Thomas E. Sekk 3510 21 ° Avenue Southwest Naples, FL 34117 239.649.6477 e-mail: tsekkgf wllaffxc" November 15, 2005 Board of County Commissioners Re: Public Petition Request, Building Permit No. 200508737, 3560 21' Avenue SW Background. In 2005, the developer bought a 75' wide by 660' deep site between my home and that of Ms. Sharon Thomke. The developer now has approval to build on this property in a manner that will negatively and unlawfully impact both abutting properties. The Dispute. I have a factual dispute with your building department over the issuance of this building permit. The approved plans do not conform to County regulations or Florida law and this building permit should not have been issued. I am unable to resolve any aspect of this matter with the building department after more than two months of diligent effort on my part This dispute with your building department is straightforward and the issues are rather simple. First, the approved project does not meet either the County Code and Florida Building Code requirements. Second, the approved development does not meet Florida Health Code requirements. Third, the approved plans are ambiguous and unenforceable and thereby do no meet County requirements for permit plan processing. 6e 6- Ree-k l t- ts-ce Public Petition November 151 2005 Page 2 6A owl, Dispute support. I offer the following in support of my assertion that the project was improperly permitted. 1. The approved project does not meet the requirements of the Florida Building Code. Art II, sec. 22 -26 of the F.B.C. (highlighted copy attached as Exhibit "A ") says— A. "No significant stormwater runoff is permitted from the subject premises onto abutting properties." The developer will fill the entire width of the 75' -wide site for the building pad. This will block the entire ground water flow and divert 100% of the runoff mainly to my property and secondarily to the property of Ms. Thomke. See Exhibit "B" for graphic illustration. Using SFWMD criteria, a modest 12" tropical storm event will divert at least 60,000 gallons of water onto my property, and 31,000 gallons onto the property of Ms. Thomke. This flow will be made worse by the large amount of impervious surface (roof, deck, driveway) and the raised septic field. This is completely unacceptable. B. "Plans shall show that construction of the lowest finished floor meets the elevation criteria..." No vertical elevations are shown on any site plan or any architectural drawing in the vicinity of the home. The finished floor level of the house is not shown. The floor elevation above the road is not shown. This site is not level as the site plan wrongly states. Properties on south side of 21 st Avenue SW all slope from the road toward the rear of the property. Ground water occasionally stands on the rear half of my site and the subject property. The building department cannot verify the conformance of this project with the Counter Codes for floor elevation or fill requirements based on the data submitted for approval. t�cc -rZ 6 Public Petition November 15, 2005 Page 3 2. The approved project does not meet other requirements of applicable County codes. There are several apparent code violations. A. This house does not meet the floor elevation requirements of the building code. The proposed "mono" footing supporting the house is on a filled pad that runs between property lines. The allowed slope of the fill is 1 -to -3 (1' rise per 3' of run). This means the floor elevation of the house (not shown on the plans) will be at. or below the top of the septic and about 12" below the required floor elevation above the crown of the road. B. Plans for the project are ambiguous, conflicted and unenforceable. See Exhibits "C" and "D ". i) The approved plans contain conflicts between structural aspects of the project. Drawing COV -1 (Exhibit "C ", shows a foundation system (noted in red) that is completely different from the foundation system than is shown on sheet 00 -1 (Exhibit "D ", also noted in red). COV -1 shows a spread footing foundation system that is the correct foundation system for this house. Which foundation system will the building department require? ii) The home is flipped over when the architectural plans are compared with the official site plan. See Exhibit "E" (site plan and "D ". Which layout will the building department enforce? iii) The home appears to be a tract home designed for another property in another location as is evidenced by the title block. See Exhibits "C" and „D,. Public Petition November 15, 2005 Page 4 ll-t`�-05 6A � REMEDIES. The developer has reasonable and customary remedies open to it to correct these problems. The building department require these as a matter of course. These simple remedies are outlined below. 1) The foundation should be a stem wall system (See Exhibits "D ") wherein fill is contained within perimeter walls and the natural grade between house and property lines becomes a swale. This will allow ground water flow around the house. This is a routine foundation system and site planning required in wide use throughout the County. This system will also allow the home to easily meet the flood elevation requirements. 2) The septic field can be easily relocated to the rear of the site, clear of all wells. See Exhibits "E" and "F ". The sewage needs to be pumped from the house to the septic field now, so this relocation will call for just 50' of new PVC piping. 3) There is no other septic field on 21' Avenue SW that is this close to the street Moving this septic field to the rear will allow the overall appearance of our street to survive. 4) On a site that is 75' feet wide by 660' deep, there is more than ample room for this developer to build a home that does not unlawfully negatively impact existing adjacent properties. These remedies can no hardship for any developer. The developer bought the site with the knowledge of the offsite restrictions. 5) Your building department can easily interpret the ambiguities in the plans to provide for stem wall construction which corrects the drainage problem. The relocation of the septic field to the rear should be inconsequential to the developer. 6) My few remedies are to engage an attorney to protect my health and real estate rights and sue the County. I do not want to see my money or your money spent in this matter because I believe that this matter can, and should, be resolved easily. This is not rocket science, no property can drain on another as the result of development This is the law. Public Petition 6A .T -- November 15, 2005 Page 5 Resolution. I ask for your assistance in resolving this matter. I sincerely hope that you will assist in resolving this by: 1. Directing that a temporary hold placed on the start of construction for this project until a settlement can be worked out. This is fair and not burdensome on the part of the developer since resolution can occur quickly. 2. Directing your building department staff to work in good faith with me to reach an equitable settlement This is also fair even though the building permit process is not a public process. 3. Failing doing 2 above, refer the matter to the Board of Adjustment for a formal hearing. What is improper and unfair is for your building department to issue a building permit when there is any reasonable objection about the propriety of the issuance. Respectfully, OOf- Thomas E. Selck 6C( -1Z l t'l�i -0S 6 A T. A Lot Drainage Plan shat be subn°dlled by the pem"W at tine of awoved Lot Drainage P at time o Certificate of Occvpvwcy Imp ection- Ground eievakins aha`►1 be grsd%r* awed away km ft bu:Winq tc etfeclivety drain water may and to be nwaged on she theme rod guneoiqq or earlh grading. No sgnftw skwmwster runoff is permitW to t!ow from the subject premWws artto abu Mvperfmo. &. Plans "I show that cortstruct-or of the lowest finished I= nxvts the el vaUon cry hefted be[ow o engirowvd property to a site specific desW and cartified by arf arch of w9neer, when corftt +tom between the FIRM day a boin and others. to h#w elevOkm shall be recored; (a) FIRM elevation—The eievation Vol teas been estabisW by the Flood trmarar4e Rate Ktp (F &M, , (b) Paved Road --fit mimmm of 16 inches above the crown of the nearest street or ter roadwa system if firtistwd with paving; or (c Graded or tlnttnisheld Road--24 kK ass above the crown if grades} or otherwise wftished; or (q) Meer► Sea Uvel- -Sevan (7) feet above Mean See Level (MSL) based on the 1928 Naomi Geodetic Vertical return (NGVD): or (e) Water Management Design. (1) Buildings writtyvr: prct ears wt0ch have w aW man rou" and sW raw White desired and budi for a 26- year, three (3) day storm, event in accordance wnlh South Fttxid Water O,4wiagemen', District's Oteria may us* a Shish #o or ele iwlior1 in accordance writ% th pn*w- `s water rntmwigernent designed 100 year zero discharge e'evation or V%e FIRM elevator whichever is fther. (2) 13ur,it Vs which acre got wi"n pxjects having a water management storage f a6fl i desig� and bulb for a 25 -year, mm (3) day storm ever; in +accordance wrllh South Florid ovate! Maragement Disiders crheria sW vse a f -ptish #w elevation of 18ioches above f adjacent roadway cpown elevation or the FIRM eievatiori, w kchever is hig w. g. 04 parcels whtsre u"uai VVC9taOic C ldiguns exist end the aoave shard conditions cam o rwsonW�ty appal, the E3oi ding Official writ) considw regrtmsttr, to decor- ese the Wsh -ftocw elevatim. I requesfiss will require an analysis by a Fkxlda registered proficas l eronw oat the 25 -year. free (3) do storm event and the 100 year, Mme (3} day stows; event. using zero discharge, for the ertth a drainW basin which the proposed structure is l'o aled. Redctcjons may be allured con the basis of the er►atys sw but;n r rase %W the finish Qacr±' be lees than the FIRM. Nofe: Slabs for garages. carports, screen enc osures, ctc., n%At bo at kmt equal in e;eva'Wn to the crown r the neaamst street. 10. ®u+tdinq permits fft require a kXvidaton }nspection or floor elevation inspec%�orr shall subtrit a curre suevey with the porm;t aj3lpiication. 11. For Are damage issues, a prr (bsskxuil review and written report shall be submitted cuing 0 components to be sahraged and all Vruotcrral systems $nail be certii,ed by an arcNwt or er`$i ww. Thy documents will no required b6lom irssu;rg a permit for reconstruction of a fre-- danvged svmture- Wti n m, WAft f Ikensed CcavWacaaOtsigrAW Agerv,"is a now secWn which wA7 read as ws: Exhibit "A" O T O m v m 3 m v I m x '{ v 3 m. n' z A N all r �o 8 N. V 'ar''bf3 � r OF WAY z� Z M r , Tvam a 3 X V M �o 0 ;[1 O 0 O rn m v m I n m r v r O D O Z 0 Ir I 1 1 l � 1 d1 W Cn m -o :tl- ; [0 0 —i CT1 W -j Ti N mD0 -� E: -5 0 mm Amy cn 1O -cl c -v- = W 1=11 mwm M cn (n �-im rn D�DCn M� m(Gj)) x O Z d r= - rn C r my ccnn �r �� =m Z ,4 v 0 Om 0p � DzOv vg -Icn -' p O m -°� �r-mZ =pm rn z T Z r _ L_Scm Oc> ' r—m mvr D D� 0 Z n m QCC- r� t —15-05 6A to m x ou n 0 b0 ill n � A m f a= 019 N A i4 sELCK PROPERTY m. m N_ N � 0 m a_ a� � A O � ma x 0 ou 0 m m r 0 0 x x m 0 Z m DQ THOME PROPERTY mm ma III of ag • lip I 'l 1 is Rip a i� i M1 I I L- 9 F-3, - !oil fill j!J6 ;!vp a A oil 1 1111 11111111111,91 141_ f all� A '6A -Rp 9x 04 a� V) Fn 3 N Z _ m Fn W � all I� ��wowlO1'� 1 34 ^° c iE8E t T T e� IN1�I :is 1 1 1 1 2 ra ii ii ii Ii ii �i r W a r —A RESIDENCE Disney 8z Associates, P.A. � �,�,�✓ O.,i , AT THE 1fATER1PAYS OF NAPLES 1 ris "roar aao WMK S x� � naa► 34104 1 NAPLES. RARVA - ••n••�• rte• i ARCHITECTURE and PLANNING ,1b COVW DATA/ PROX StMOKARY `� r a.%.& bb s M w wr+.....a .. w w —w —� .anr. III�i11 w ■ w roan w w wa I I I I i• I ki v=�r MEN 1 a-- IL'! 9,I� 8 4 I v Io M I 4 �a awe s �� • • • • �*� PROPERTY LINE • • • S x w 1 x o = 0 dell woo am can was saw i 64 C rt € ' r n WO m 0 Z --j u, 3: 81: gg M 0 0 0 2-►OZ 0 0 Zm m >ZO sx m 0 3 ZrO� • -j;0 = _j Min mc- z w� mm mm mm ^� A RESIDENCE Disney & Associates, P.A. m LOOX=k AT THE WATERWAYS OF NAPLES Ix{ MWM MW NMK sort¢ 2M „was, RMM 34104 U Mn.ES. FLOR kRCHITECTURE and PLANNING ` ODEL CX3- 3 BED & 2 CAR GARAGE RIGHT IE al-W PAC - K �6A 3p Z C1 r 7* OM ;o M S i x rn cr MEN 1*► ■ - v M Ma r a z v M M z M cn I M x x • • • • I �a n i Vr�3DW—AIFJWI.—YV- #I is N A.VA .J cc n II N m r A 70 O M 70 y P6A ZD rp?1_1 r �,_ =�� 'MTX Xw m O O m % ;m-n O�?� -i mmmm I�R G) K�D m-Ii m v�m��' `a rooms Z 0 Z -I cn p0- 0 --� va, -n-0 - iD -�-� � c� -a p oo pm <DD-o > > ��0 =� D � p rD�—mi „�cn�� -t mv�xrn am. m z �zy rrn�pi� ns<��m Zov =i mia 0�>2= ZU) mp mm� =Z r—m n D co m �'� p7v K rn�z�D -000 2�CD �� Soo lil �mrn Cc_�� w7mw o�� . moo m mm� p cn �� p m 000v <iTCDn 0 mZO mo M m m .J cc n II N m r A 70 O M 70 y P6A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) 7 A t Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Kay Deselem Date: Petition No. (If none, give brief description): CU- 2005 -AR -7586, Office Depot Petitioner: (Name & Address): Q. Grady Minor & Associates, PA, D Wayne Arnold, 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Southern Centers In Naples LC, 1500 Cordova Rd., Suite 310, Ft. Lauderdale, FL 33316: Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., 4100 Tamiami Trail, #200, Naples, FL 34103 qwr 434 Hearing before BCC BZA Other Requested Hearing date: October 25. 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: CU- 2005 -AR -7586 Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5, 000 square feet within the C -3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast corner of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: Approved by: Department Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: a to late of Public hearing: ate Advertised: Conditional Use to allow an orrice supply store In uxcCJJ Ul J, uvv A4Ua1U lccr vviuuu ua C -3 Zoning District (with an "ST" Overlay) pursuant to the previous but still effective 7 A • October 3, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2005 -AR -7586 Southern Centers in Naples, LC in regards to Office Depot Dear Legals: Please advertise the above referenced notice on Sunday, October 9, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 Ann P. Jennejohn To: legals @naplesnews.com Subject: CU- 2005 -AR -7586: Office Depot Attachments: CU- 2005- AR- 7586.doc; CU- 2005- AR- 7586.doc Good Morning, Please advertise the attached on Sunday, October 9, 2005 Thank you, Ann 774 -8406 CU- 2005 -AR -7586. doc (23 KB) 11111 X TJ CU- 2005 -AR -7586. doc(22 KB) 1 � a a NOTICE OF PUBLIC HEARING 7a Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 25, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2005 -AR -7586, Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and Richard Yovanovich, of Goodlette, Coleman, and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5,000 square feet within the C -3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast corner of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: / /Ann Jennejohn, Deputy Clerk (SEAL) 7 A 3 RESOLUTION NO. 05 - A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN OFFICE SUPPLY STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3 ZONING DISTRICT (WITH AN "ST" OVERLAY) PURSUANT TO THE PREVIOUS COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.2.14.3.11 (PROPOSED LDC SECTION 2.04.03, TABLE 2), FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County adopted the previous Land Development Code (LDC) (Ordinance No. 91 -02) in October of 1991 which was subsequently amended over time and included the comprehensive zoning regulations for the zoning of particular geographic division of the County, among which was the granting of Conditional Uses; and WHEREAS, the County pursuant thereto has adopted a new LDC (Ordinance No. 2004 -41, as amended), which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the new LDC omits the provisions serving as a basis for the type of conditional use sought by the petitioner in this case and thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance No. 2004 -41 as amended, the new LDC, and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow an office supply store in excess of 5, 000 square feet within the C -3 Zoning District (with an "ST" Overlay) pursuant to the previous but still effective LDC Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2), on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provisions and arrangements have been made Page] of 2 7 A concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU- 2005 -AR -7586, filed by D. Wayne Arnold of Q. Grady Minor & Associates, PA representing Southern Center in Naples, LC, with respect to the property hereinafter described in Exhibit `B," and the same is hereby approved with conditions as those conditions are enumerated in Exhibit "D" for a conditional use according to the previous but still effective Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2) of the LDC in the C -3 Zoning District (with an "ST" Overlay) for an Office Depot that will be a maximum of 17,500 square feet in size, in accordance with the Conceptual Site Plan (Exhibit "C "). BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super - majority vote. Done this day of , 2005. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, CHAIRMAN Me M. Student- Stirling Assistant County Attorney CU- 2005- AR- 7586/KD /sp Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan dated March 20051 Exhibit D: Conditions of Approval Page 2 of 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -7586 The following facts are found: 7 A 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. A. Consistency with the Land Development Code and Growth Management Plan: I � / Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress ss Yes ✓ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: rr No affect or Affect mitigated byfs Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: q -1 -� 5/ CHAIRMAN: EXHIBIT A 7 A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR RCULARLY DESCRIBED AS FOLLOWS,• COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892353' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN S 35 40'08" W, ALONG SAID EAS7ERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF 887.72 FEET TO 7HE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420'16" E FOR A DISTANCE OF 439.95 FEET; THENCE RUN S 35:39 44" W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TAM/AMI TRAIL (U.S. 41),- THENCE RUN N 5420'16' W, ALONG SAID NORTHERLY RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEE 7; THENCE RUN N 24'19'52' W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN N J5140'08" E, ALONG SAID EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED. HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF 7HE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 892J'53" W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. Date: 4-6-o!5 SIGNED: P.S.M. #6408 CU- 2005 -AR -7586 TEPHEN V. BURGESSI 5 T T£ OF FL ORIDA Exhibit B * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY.• J.C.L. I SHEET: i OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 1 JOB CODE: ESN IDRAWINC #: B- 2241 -7 7 A 7 A CONDITIONS OF APPROVAL 1. The Conditional Use approval to allow a 17,500 square foot Office Depot store, further defined in the Standard Industrial Classification Manual (SIC Code) as a Stationary Store, Use Number 5943, is limited to a maximum of 17,500 square feet of building area. The use shall be contained in one, one story building. The use is further limited to what is depicted on the site plan identified as Conditional Use Conceptual Site Plan" prepared by Q. Grady Minor and Associates, Inc., last revised August 17, 2005, except as further conditioned below. 2. The parking area, dumpster and delivery areas must be located essentially as shown on the Conceptual Site Plan. They shall not be located between any commercial structure on the subject property and the property line shared with the Falling Water Beach Resort. 3. The Conditional Use will expire three years from the date of approval, however Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 4. Parking areas must be provided in compliance with the LDC requirements, in effect when development approval is sought with the limitation noted in paragraph 2 above. 5. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 6. Development order approvals beyond Conditional Use approval shall only be granted by Collier County at such time as roadway capacity (as determined by Collier County Transportation Staff) exists to support the entire project. 7. The developer shall provide a six - foot -high wall along that portion of the north property line abutting residential uses. 8. The developer shall comply with buffering requirements of Exhibit B from the original ST permit except where the Office Depot use changes the layout of the landscaping. In those instances, the quantity of landscaping displaced must be placed elsewhere on -site. 9. The development shall provide a proportionate fair share commitment, not limited to monetary considerations, of any newly created developers' agreement that may come out of the private sector attempts to improve the road conditions in that area. CU- 2005 -AR -7586 Exhibit D (G: \Current \Deselem \Conditional Uses \Office Depot - CU- 2005 -AR -7586 \Conditions of Approval 9- 21- 05.doc) 4- - CLERK OF THE CRC Dwight E. Brock COLLIER COUNTY URT g 3301 TAMIAMI TliAIL E Clerk of Courts . P.O. BOX 4 044 NAPLES, FLORIDA\�1101 October 3, 2005 D. Wayne Arnold Q.Grady Minor & Associates, P.A. 3 800 Via Del Ray Bonita Springs, FL 34134 Re: Petition CU- 2005 -AR -7586 Southern Centers in Naples, LC, in regards to Office Depot Dear Petitioner: 7 A COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerknclerk.collienfl.us Cw- fy-of C-, ler A CLERK OF THF✓ CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URTI'�OUSE Clerk of Courts g 3301 TAMIAMI IL EA'T Clerk of Courts P.O. BOX 4f1044 Accountant NAPLES, FLORIDA13101 -36$4 Auditor October 3, 2005 v. -.. i Custodian of County Funds Southern Centers in Naples, LC 1500 Cordova Road., Suite 310 Ft. Lauderdale, FL 33316 Re: Petition CU- 2005 -AR -7586 Southern Centers in Naples, LC, in regards to Office Depot Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk@derk.collier.Mus Dwight E. Brock Clerk of Courts October 3, 2005 O€ Cellier CLERK OF THE CIRCUI T COLLIER COUNTY 3301 TAMIAMI COURT ►USE Clerk of Courts T Accountant Auditor Custodian of County Funds P.O. BOX 0 NAPLES, FLORIDA Richard Yovanovich Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail #300 Naples, Fl 34103 Re: Petition CU- 2005 -AR -7586 Southern Centers in Naples, LC, in regards to Office Depot Dear Petitioner: 7 A to 101 -3044 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK dAA't c .O,C Ann Jennej&,Dedtp3tutyCClerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkgclerk.collier.fl.us 7 A Ann P. Jenne'ohn From: ClerkPostmaster Sent: Monday, October 03, 2005 12:29 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT2323885.txt; CU- 2005 -AR -7586: Office Depot 3:71 LLJ ATT2323885.txt CU- 2005 -AR -7586: (229 B) Office Depot This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jenne'ohn From: System Administrator [postmaster @naplesnews.com] Sent: Monday, October 03, 2005 12:28 PM To: Ann P. Jennejohn Subject: Delivered: CU- 2005 -AR -7586: Office Depot Attachments: CU- 2005 -AR -7586: Office Depot L,..J CU- 2005 -AR -7586: Office Depot « CU- 2005 -AR -7586: Office Depot >> Your message To: legals @naplesnews.com Subject: CU- 2005 -AR -7586: Office Depot Sent: Mon, 3 Oct 2005 12:29:05 -0400 was delivered to the following recipient(s): legals on Mon, 3 Oct 2005 12:28:11 -0400 1 7 A CU- 2005 -AR -7586: Office Depot Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, October 03, 2005 2:58 PM To: Ann P. Jennejohn Subject: RE: CU- 2005 -AR -7586: Office Depot OK - - -- Original Message---- - From: Ann P. Jennejohn [ma i Ito: Ann .Jennejohn @clerk.colIier.fl.us] Sent: Monday, October 03, 2005 12:29 PM To: legals @naplesnews.com Subject: CU- 2005 -AR -7586: Office Depot Good Morning, Please advertise the attached on Sunday, October 9, 2005 Page 1 of 1 7 A � Thank you, «CU- 2005- AR- 7586.doc>> «CU- 2005- AR- 7586.doc>> Ann 774 -8406 10/4/2005 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue October 9th, 2005 Afiiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication i((n the said newspaper. /J ( Signature of affiant) Sworn to and subscribed before me This October 9th, 2005 ( ignature of notary public) iuEi, t u it4 7g, # XPIPL 209 PUBLIC HEARINQ Of 5 ocb- sq- uareAfe within the C -3 z fe district (with an ! ppovevU�y,,?._ to tl 2.2 4311.L tic Property, consist#np i 4.02 acres, Is located o Collie rt gheaU>tjt aOdedm Tamiaml Trap East (U; 41), In Section 3, Town ship 31 South, Range 21 East ing o sl ealens wish - agenda Ilan, any ter with the 99un4 mi tatlono �r�,. to Pre-i sentatlon a the agenda Item to be addressed.' in lid ed speakers will on any Item mutes tion of an Indio dnall of sPeak on behalf of a7on organIzeap a spofor a grouzationmay 0` min. utes n an Item. Persons wishina eel en Adays 1wornum OT sev- Rubllc earin to the terlal used in presenta- tions before the Board will become a perma. nent part of the record. Any person who decid ea to apppeal a decision the ®cord oofthe will need pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings Is made, which record includes the test imony and evi- dence u on which the appeal Is . BOARD OF COUNTY COLLIER COUNTY, FLORIDA 'RE W. COYLE, CHAIR - ?WIOHT E. BROCK, 7 A MEMORANDUM Date: December 1, 2005 To: Kay Deselem, Principal Planner Zoning and Land Development From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -400 Enclosed please find one (1) copy of the document as as referenced above (Agenda Item #7A) approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce lion of the Chairman's si nature draw a line throu h routina lines #I through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1.Sandra Lea CDES Administration AIL Applicable) 2. November 15, 2005 Agenda Item Number 7.A. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution and attachments Number of Original 1 5. Sue Filson, E cutive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office / PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff Kay Deselem Phone Number 213 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 7.A. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution and attachments Number of Original 1 Attached 0 Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, _ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC / Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board /U h 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. . Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on November 15, 2005 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 7A RESOLUTION NO. 05 - 400 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN OFFICE SUPPLY STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3 ZONING DISTRICT (WITH AN "ST" OVERLAY) PURSUANT TO THE PREVIOUS COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.2.14.3.11 (PROPOSED LDC SECTION 2.04.03, TABLE 2), FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County adopted the previous Land Development Code (LDC) (Ordinance No. 91 -02) in October of 1991 which was subsequently amended over time and included the comprehensive zoning regulations for the zoning of particular geographic division of the County, among which was the granting of Conditional Uses; and WHEREAS, the County pursuant thereto has adopted a new LDC (Ordinance No. 2004 -41, as amended), which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the new LDC omits the provisions serving as a basis for the type of conditional use sought by the petitioner in this case and thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance No. 2004 -41 as amended, the new LDC, and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow an office supply store in excess of 5, 000 square feet within the C -3 Zoning District (with an "ST" Overlay) pursuant to the previous but still effective LDC Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2), on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provisions and arrangements have been made Page 1 of 2 a 7A concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU- 2005 -AR -7586, filed by D. Wayne Arnold of Q. Grady Minor & Associates, PA representing Southern Center in Naples, LC, with respect to the property hereinafter described in Exhibit "B," and the same is hereby approved with conditions as those conditions are enumerated in Exhibit "D" for a conditional use according to the previous but still effective Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2) of the LDC in the C -3 Zoning District (with an "ST" Overlay) for an Office Depot that will be a maximum of 17,500 square feet in size, in accordance with the Conceptual Site Plan (Exhibit "C "). BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote. _Y' _. ) 6 ✓ �� , 2005. Done this / � day of % ATTEST: , DWIGHT:E BRO I uty'Clerk AtteA. as to Gha i ti8n' f signature only Marj o'Student- Stirling Assistant County Attorney CU- 2005 -AR -75 86/KD /sp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: L'J' FRED W. COYLE, CHAI AN Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan date h \ Exhibit D: Conditions of Approval item# �= Page 2 of 2 Agenda �� 15 -65 Date t' ;' ±e Rar.'ri FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -7586 The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No !�" B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes d No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or v-" Affect mitigated by u rS to e&A {-1U -- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes —Z No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: q - S� CHAIRMAN: � EXHIBIT A 7A 7A concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU- 2005 -AR -7586, filed by D. Wayne Arnold of Q. Grady Minor & Associates, PA representing Southern Center in Naples, LC, with respect to the property hereinafter described in Exhibit `B," and the same is hereby approved with conditions as those conditions are enumerated in Exhibit "D" for a conditional use according to the previous but still effective Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2) of the LDC in the C -3 Zoning District (with an "ST" Overlay) for an Office Depot that will be a maximum of 17,500 square feet in size, in accordance with the Conceptual Site Plan (Exhibit "C "). BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote. Done this day of 12005. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Marjorie M. Student - Stirling Assistant County Attorney CU- 2005 -AR- 7586 /KD /sp BY: FRED W. COYLE, CHAIRMAN Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan dated March 20051 Exhibit D: Conditions of Approval Page 2 of 2 7a FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes —J'/-1 No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: /1G / 6 t MEMBER: EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND L PING IN THE THE NORTHWEST QUARTER OF SEC77ON J, TOWNSHIP 51 SOUTH" RANGE 26 EAST, COLLIER COUNTY" FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST OUARTER OF SECTION J, TOWNSHIP 51 SOUTH" RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892355' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF J24.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (C.R. 951); 771ENCE RUN S J5'40'08- W, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420'16" E FOR A DISTANCE OF 4J9.95 FEET- THENCE' RUN S 353944° W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TAM/AMI TRAIL (U. S. 41); THENCE RUN N 5420'16' W, ALONG SAID NORTHERLY RIGHT OF WA Y LINE, FOR A DISTANCE OF J79. J8 FEET,• THENCE RUN N 24'19'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN N J5-40'08- E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 FOR A DISTANCE OF J65.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NOR7HERL Y LINE OF THE NORTHWEST QUARTER OF SECTION J, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89 23 5J" W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. Dote.- 4-6-o-5 SIGNED: P.S.M. ,6408 CU- 2005 -AR -7586 TEPHEN V. BURGESS 5 T TE OF FL ORIDA Exhibit B * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P. A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 jlflF�PHONE : (941) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY.- J.C.L. I SHEET: 1 OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 I JOB CODE: ESN I DRAWING #: B- 2241 -7 FINDING OF FACT 7A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with t Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w' in district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ( V__) MEMBER: EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN 7HE THE NORTHWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS- COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST OUARTER OF SEC7701V 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892353" W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SEC77ON 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (OR 951); THENCE RUN S J5-40'08" W, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420 "16" E FOR A DISTANCE OF 439.95 FEET' THENCE RUN S 35 ;39 44 " W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TA MIA Ml TRAIL (U.S. 41); THENCE RUN N 5420'16" W, ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 379.38 FEET; THENCE RUN N 24 "1952" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN N 35'4008° E, ALONG SAID EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF 7HE PARCEL OF LAND DESCRIBED HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECRON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89:23'5J- W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. Dote: 4-6-o!5 SIGNED: P.S.M. #6408 CU_2005-AR -7586 TEPHEN V. BURGESSI STA TE OF FL ORIDA Exhibit B * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY. J.C.L. I SHEET: I OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 I JOB CODE: ESN I DRAWING #: B- 2241 -71 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development /Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes `4 No C. Affects neighboring properties in relation to noise, glare, economic or odor effec No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes f No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: IV, MEMBER: EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND L PING IN THE THE NORTHWEST OUAR7ER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SEC7701V 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892353' W, ALONG THE NORTH LINE OF THE NORTHWEST OUARTER OF SAID SEC77ON 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C. R. 951); THENCE RUN S J5'40'08" W, ALONG SAID EASTERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; 7HENCE RUN S 5420'16" E FOR A D /STANCE OF 439.95 FEE- T,-THENCE RUN S 3539'44° W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TAM/AMI TRAIL (U. S. 41); 7HENCE RUN N 5420'16' W, ALONG SAID NOR THERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 379.38 FEET; THENCE RUN N 24 "19'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (CR. 951); THENCE RUN N J5-40'08- E, ALONG SAID EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 957 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF 7HE PARCEL OF LAND DESCRIBED. HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS BEARINGS SHOWN HEREON REFER TO THE NOR THERL Y LINE OF THE NORTHWEST OUARTER OF SEC17ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89 23 53" W THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA 17ONS AND /OR RESTRICTIONS OF RECORD. Dote. 4'6 _ 05 SIGNED: P.S.M. #6408 CU- 2005 -AR -7586 TEPHEN V. BURGESS STA TE OF FLORIDA Exhibit B * NOT A SURVEY * 4 Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -1144 FAX ; (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY.• J.C.L. I SHEET: 1 OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 JOB CODE: ESN DRAWING #: B- 2241 -7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: r 7A 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with ,the Land Development Code and Growth Management Plan: Yes '° No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress A egress Yes "/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effe No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u within district % Yes No Based on the above findings, this conditional use should, w recommended for approval to the Board of Zoning Appeals. DATE: MEMBER: ' EXHIBIT A stipulations, (copy attached) be LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH" RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS- COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SEC7701V 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892353' W, ALONG THE NORTH LINE OF 77-IE NORTHWEST QUARTER OF SAID SECT70N 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 951 (CR. 951); THENCE RUN S 354008" W, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; 7HENCE RUN S 5420'16" E FOR A DISTANCE OF 439.95 FEET- THENCE RUN S 3539'44° W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI TRAIL (U.S 41)• THENCE RUN N 5420'16' W, ALONG SAID NOR7T-IERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET- THENCE RUN N 24'19'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN N 3540'08° E, ALONG SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECRON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 8.9:2J'53- W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. Dote: 4-6-o,5 SIGNED: P.S.M. #6408 CU- 2005 -AR -7586 TEPHEN V. BURGESS 5 T TE OF FL ORIDA Exhibit B * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P. A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY. J.C.L. I SHEET: 1 OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 JOB CODE: ESN DRAWING #: B- 2241 -7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with Z the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (co attached) be recommended for approval to the Board of Zoning Appeals. DATE: MEMBEJk: EXHIBIT A "7- , " 7A LEGAL DESCRIPTION A PARCEL OF LAND L PING IN THE THE NORTHWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY" FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCE AT THE NOR7HWST CORNER OF THE NORTHWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892353' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EAS7E'RL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN S J5'40'08" W" ALONG SAID EASTEERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF TVE- PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420'16" E FOR A DISTANCE OF 439.95 FEET; THENCE RUN S 3539'44° W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TAM/AMI TRAIL (U.S. 41); 7HENCE RUN N 5420'16' W" ALONG SAID NORTHERLY RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET; THENCE RUN N 24'1952" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (C. R. 951); THENCE RUN N 3540108" E, ALONG SAID EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NOR THERL Y LINE OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 57 SOUTH, RANGE 26 EAST" COLLIER COUNTY, FLORIDA, AS BEING N 89 23 53" W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /DR RESTRICTIONS OF RECORD. Date.- 4-6-o5 SIGNED: P.S.M. #5408 CU- 2005 -AR -7586 TEPHEN V. BURGESSZ STA TE OF FL ORIDA Exhibit B * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -1144 FAX , (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY. J.C.L. I SHEET: i OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 I JOB CODE: ESN +DRAWING #: B- 2241 -7I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: "7A 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes j/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress �'i egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /Affect No affect or mitigated by ,_D..(? Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ,"/ No Based on the above findings, this conditional use should, wi recommended fTr approval to the Board of Zoning Appeal DATE: ! � J MEMBER: EXHIBIT A stipul ons, (copy attached) be f' l n�� LEGAL DESCRIPTION A PARCEL OF LAND L PING IN THE THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 892353' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C R. 951); THENCE RUN S 35 '40'08 " W, ALONG SAID EASTERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 88772 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420'16" E FOR A DISTANCE OF 439.95 FEET,' THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TA MIAMI TRAIL (U.S. 41); THENCE RUN N 54 20'16' W, ALONG SAID NORTHERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 379.38 FEET THENCE RUN N 24'19'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (CR. 951),• THENCE RUN N 3540'08" E, ALONG SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED. HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89 23 53" W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. Date: 4-6-o5 SIGNED: P.S.M. #6408 CU- 2005 -AR -7586 TEPHEN V. SURGESSI STA TE OF FL ORIDA Exhibit 6 * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL, ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (94 1) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY. J.C.L. , SHEET. 1 OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 1 JOB CODE: ESN DRAWING #: B -2241 -7 FINDING OF FACT 7A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. A. Consistency with the Land Development Code and Growth Management Plan: Yes t/ No WIT 4 5T7P14i —AT'GTt MIT"16 h7704J B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes y No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: " No affect or Affect mitigated b g Y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: MEMBER: 44L EXHIBIT A 0 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS- COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SEC77ON J,, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; ]HENCE RUN N 892353' W, ALONG THE NORTH LINE OF 77-IE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C. R. 951); THENCE RUN S J5'40'08- W, ALONG SAID EASTERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 88772 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420'16" E FOR A DISTANCE OF 439.95 FEET; THENCE RUN S 3539'44" W FOR A DISTANCE OF 400.00 FEET TO A POINT ON 7HE NORTHERLY RIGHT OF WAY LINE OF TAUTAMI TRAIL (U.S 41); THENCE RUN N 5420'16' W, ALONG SAID NOR71 ERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET- THENCE RUN N 24'1952" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C R. 951); THENCE RUN N 3540'08" E. ALONG SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED. HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NORTHERLY LINE OF 7HE NOR7HWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89 23 53" W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA77ONS AND /OR RESTRICTIONS OF RECORD. Dote.- SIGNED: P.S.M. #6408 CU_2005 -AR -7586 TEPHEN V. BURGESS STA TE OF FLORIDA Exhibit B * NOT A SURVEY * Q. GRADY MINOR AND ASSOCIATES, P.A. CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DRAWN BY. • J.C.L. I SHEET, i OF 2 I SECTION #: 3 -51 -26 LEGAL DESCRIPTION ECIffRDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DATE: 04103 I JOB CODE: ESN I DRAWING #: B- 2241 -7 LEGAL DESCRIPTION A PARCEL OF LAND L PING IN THE THE NORTHWEST QUARTER OF SEC77ON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS,• COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; 7HENCE RUN N 892353' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN S J5-40'08" W, ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED`,- THENCE RUN S 5420'16" E FOR A DISTANCE OF 439.95 FEET,• THENCE RUN S 353944" W FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI TRAIL (U.S. 41); THENCE RUN N 54-20'16' W ALONG SAID NOR77-IERL Y RIGHT OF WAY LINE, FOR A DISTANCE OF 379.38 FEET- THENCE RUN N 24'79'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (CR. 951); THENCE RUN N 3540108" E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE NOR7HERL Y LINE OF THE NORTHWEST QUARTER OF SEC770N 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89 23 53 " W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA77ONS AND /OR RESTRICTIONS OF RECORD. Date: 4'� 05 SIGNED: P. S.M. #6408 STEPHEN V. BURGESS STA TE OF FLORIDA * NOT A SURVEY * DRAWN BY.• J.C.L. I SHEET: 1 OF 2 CU- 2005 -AR -7586 Exhibit B SECTION #: 3 -51 -26 Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL 3800 VIA DEL REY SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST BONITA SPRINGS, FLORIDA 34134 COLLIER COUNTY, FLORIDA PHONE : (941) 947 -1144 FAX : (941) 947 -0375 CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 DATE: 04103 JOB CODE: ESN DRAWING #: B- 2241 -7 En as ,. lb rib y CU-2005-AR-7586 Exhibit C IWWA L pp F1 'It — -mom r. A IN En as ,. lb rib y CU-2005-AR-7586 Exhibit C IWWA L pp F1 'It rzi CONDITIONS OF APPROVAL 1. The Conditional Use approval to allow a 17,500 square foot Office Depot store, further defined in the Standard Industrial Classification Manual (SIC Code) as a Stationary Store, Use Number 5943, is limited to a maximum of 17,500 square feet of building area. The use shall be contained in one, one story building. The use is further limited to what is depicted on the site plan identified as "Conditional Use Conceptual Site Plan" prepared by Q. Grady Minor and Associates, Inc., last revised August 17, 2005, except as further conditioned below. 2. The parking area, dumpster and delivery areas must be located essentially as shown on the Conceptual Site Plan. They shall not be located between any commercial structure on the subject property and the property line shared with the Falling Water Beach Resort. 3. The Conditional Use will expire three years from the date of approval, however Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 4. Parking areas must be provided in compliance with the LDC requirements in effect when development approval is sought, with the limitation noted in paragraph 2 above. 5. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 6. Development order approvals beyond Conditional Use approval shall only be granted by Collier County at such time as roadway capacity (as determined by Collier County Transportation Staff) exists to support the entire project. 7. The developer shall provide a six - foot -high wall along that portion of the north property line abutting residential uses. 8. The developer shall comply with buffering requirements of Exhibit B from the original ST permit except where the Office Depot use changes the layout of the landscaping. In those instances, the quantity of landscaping displaced must be placed elsewhere on -site. 9. The development shall provide a proportionate fair share commitment, not limited to monetary considerations, of any newly created developers' agreement that may come out of the private sector attempts to improve the road conditions in that area. 10. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $0.50 per square foot of retail floor area. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. CU- 2005 -AR -7586 Exhibit D (G: \Current \Deselem \Conditional Uses \Office Depot - CU- 2005 -AR- 7586 \Conditions of Approval per BCC 11- 28- 05.rtf) 7A CONDITIONS OF APPROVAL 1. The Conditional Use approval to allow a 17,500 square foot Office Depot store, further defined in the Standard Industrial Classification Manual (SIC Code) as a Stationary Store, Use Number 5943, is limited to a maximum of 17,500 square feet of building area. The use shall be contained in one, one story building. The use is further limited to what is depicted on the site plan identified as "Conditional Use Conceptual Site Plan" prepared by Q. Grady Minor and Associates, Inc., last revised August 17, 2005, except as further conditioned below. 2. The parking area, dumpster and delivery areas must be located essentially as shown on the Conceptual Site Plan. They shall not be located between any commercial structure on the subject property and the property line shared with the Falling Water Beach Resort. 3. The Conditional Use will expire three years from the date of approval, however Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 4. Parking areas must be provided in compliance with the LDC requirements in effect when development approval is sought, with the limitation noted in paragraph 2 above. 5. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 6. Development order approvals beyond Conditional Use approval shall only be granted by Collier County at such time as roadway capacity (as determined by Collier County Transportation Staff) exists to support the entire project. 7. The developer shall provide a six - foot -high wall along that portion of the north property line abutting residential uses. 8. The developer shall comply with buffering requirements of Exhibit B from the original ST permit except where the Office Depot use changes the layout of the landscaping. In those instances, the quantity of landscaping displaced must be placed elsewhere on -site. 9. The development shall provide a proportionate fair share commitment, not limited to monetary considerations, of any newly created developers' agreement that may come out of the private sector attempts to improve the road conditions in that area. 10. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $0.50 per square foot of retail floor area. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. CU- 2005 -AR -7586 Exhibit D (G:1Current\Deselem\Conditiona1 Uses\Office Depot - CU- 2005- AR- 75861Conditions of Approval per BCC 11- 28- 05.rtf) COLLIER COUNTY FLORIDA g REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Michael Bosi M% 1R Date: "_ tx -o.) . Petition No. (If none, give brief description): CU- 2003 -AR -3573, Independent Haitian Church of God, Inc. Petitioner: (Name & Address): Davidson Engineering, Jeff Davidson, 2154 Trade Center Way, Naples„ FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: Independent Haitian Church of God, Inc., 3709 Guilford Road, Naples, FL 34112 Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: October 25, 2005 Based on advertisement appearing 15 days before hearing, Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: Petition: CU- 2003 -AR -3573 Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF -6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03± acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: k- /Department Head bate List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: —2I —� Date of Public hearing: Date Advertised: 0 7 B 1 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "RMF -6" ZONING DISTRICT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04 -41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a church as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in a RMF -6 Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Chapter 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU- 2003 -AR -3573, filed by Kelly Smith, of Davidson Engineering Inc. representing the Independent Haitian Church of God stating with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use as provided for in Table 2 of Section 2.04.03 of the "RMF -6" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 7 B BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Mao Student — S+v r /Z Assistant County Attorney Attachments: A. Findings of Fact B. Legal Description C. Site Plan D. Proposed Conditions FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: M E Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes _ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: FINDING OF FACT EXHIBIT A 10 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 7 B 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: EXHIBIT A W Legal Description- CU -03 -AR -3573 Guilford Acres Block A, Lots 5 and 6 EXHIBIT "B" tom Xo' M 3 d d d d d d C d C s� 1 ~ � � I F V �I I Sj b '4 +F. d 4p gp e; 0 N }� 1 S `1^ ` y 1 Smog �� I �g r r 4 � � n x�0 _ LO 1 xxxx! all � 12 ICe -01`2� �a ® maanNo ONLLS03 �:tla §F tHdR v !RQQZ � s HP ONINOZ 9-11YH - SLN3KLNVdV ONLLSO(3 1` E LI RE4 „ g b °R "s r° �L 2 W Ec ZA -o zA Wt .i all W�� Z�m U) v 1 I Q W p ) g I !Li ry S w 4�0 QNIU w Z; lb Oz I , YI I � I JJ I \I I , I I , 4 I � a S� 4 PI 4 yj 9 I tI ee I I Z � W 0 W a W O Z :A R i� u v MHM F+1 M--'1 a 7 B Conditions of Approval CU- 2003 -AR -3573 1. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41, as amended. 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. EXHIBIT "D" 7 8 Conditions of Approval CU- 2003 -AR -3573 The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -417 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. EXHIBIT "D" September 21, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2003 -AR -3573 — Independent Haitian Church of God, Inc. Dear Legals: Please advertise the above referenced notice on Sunday, October 9, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. /Account # 113- 138312 - 649110 7 B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 9, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2003 -AR -3573, Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF -6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03 +/- acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator rp for to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: / /Heidi R. Rockhold, Deputy Clerk (SEAL) `Colin - -Of -Ctd Tier CLERK OF TIC '--CIRCUIT Dwight E. Brock COLLIER COUNTY URTOL Dwi g 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 41044 NAPLES, FLORIDA":��101 -3(' f September 21, 2005 Jeff Davidson Davidson Engineering 2154 Trade Center Way Naples, Florida 34109 COURT 7 B Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to Consider Petition CU- 2003 -AR -3573, Independent Haitian Church of God, Inc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk@clerk.collienfl.us County -of- Collier B CLERK OF T C RCUIT COURT I�� Dwight E. Brock COLLIER COUNTY ' URT40USE Clerk of Courts Dwl g 3301 TAMIAMI IL EAST Accountant 3 .. P.O. BOX 4 10 Clerk of Courts 44 NAPLES, FLORIDA,30101 -3644 Auditor �.; Custodian of County Funds September 21, 2005 Independent Haitian Church of God, Inc. 3709 Guilford Road Naples, Florida 34112 Re: Notice of Public Hearing to Consider Petition CU- 2003 -AR -3573, Independent Haitian Church of God, Inc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna clerk.collier.fl.us 7 B Heidi R. Rockhold From: Heidi R. Rockhold Sent: Thursday, September 22, 2005 4:01 PM To: 'legals @naplesnews.com' Subject: CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. Attachments: CU- 2003- AR- 3573.doc; CU- 2003- AR- 3573.doc Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005. i�� 1 CU- 2003 -AR -3573. CU- 2003 -AR -3573. doc (30 KB) doc (29 KB) If you have any questions, please call Thank you, Heidi R. Rockhold, Minutes and Records Department 239 - 774 -8411 ( heidi .rockhold @clerk.collierfl.us) Heidi Rockhold Heidi R. Rockhold From: ClerkPostmaster Sent: Thursday, September 22, 2005 4:01 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT1478845.txt; CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. � :=: J LLJ AM478845.txt CU- 2003 -AR -3573 - (231 B) Independent ... This is an automatically generated Delivery Status Notification. 3'our message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be ,generated by the destination. 1ggals(a)naplesnevi s.coin Heidi Rockhold woo Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, September 22, 2005 4:02 PM To: Heidi R. Rockhold Subject: Delivered: CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. Attachments: CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. LLJ CU- 2003 -AR -3573 - Independent... «CU- 2003 -AR -3573 -Independent Haitian Church of God, Inc°.» Your message To: legals(�r)naplesnetivs. corn Subject: CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. Sent: Thu, 22 Sep 2005 16:01:09 -0400 was delivered to the follohving recipient(s): legals on Thu, 22 Sep 2005 16:01:37 -0100 Heidi Rockhold CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Thursday, September 22, 2005 5:08 PM To: Heidi R. Rockhold Subject: RE: CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. OK - - - -- Original Message---- - From: Heidi R. Rockhold [mai Ito: Heidi. Rockhold @clerk.colIier.fl. us] Sent: Thursday, September 22, 2005 4:01 PM To: legals @naplesnews.com Subject: CU- 2003 -AR -3573 - Independent Haitian Church of God, Inc. Le {gals, Please advertise the above mentioned notice on Sunday, October 9, 2005. «CU- 2003- AR- 3573.doc>> «CU- 2003- AR- 3573.doc>> If you have any questions, please call Thank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 ( heidi.rockholdCclerk.collier.fl.us) 9/23/2005 Page 1 of 1 W 1j Michelle A. Morales From: Michelle A. Morales Sent: Monday, October 03, 2005 8:45 AM To: 'legals @naplesnews.com' Subject: cu- 2003 -ar -3573 independent Haitian church of God, Inc. Legals Page 1 of 1 7a This email is in reference to the above mention notice, Ad # 1228236. The ad was scheduled to run October 9, 2005 unfortunately it ran this Sunday October 3rd. Please send confirmation of a credit for the above mention ad #1228236 and an OK that this ad will run on the above scheduled date October 9, 2005. Thank you, any questions or concerns you can contact me at the below # Michelle Morales Minutes and Records Depar trnent 23.9 -- 732 -7646 ext 7240 011ichelle.Morales @clerk. collier.fl. us) 10/3/2005 Michelle A. Morales From: ClerkPostmaster Sent: Monday, October 03, 2005 8:45 AM To: Michelle A. Morales Subject: Delivery Status Notification (Relay) Attachments: ATT2321010.txt; cu- 2003 -ar -3573 independent Haitian church of God, Inc LLJ ATT2321010.txt cu- 2003 -ar -3573 (431 B) independent Ha... This is an automatically generated Delivery status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Michelle A. Morales From: System Administrator [postmaster @naplesnews.com] Sent: Monday, October 03, 2005 8:44 AM To: Michelle A. Morales Subject: Delivered: cu- 2003 -ar -3573 independent Haitian church of God, Inc. Attachments: cu- 2003 -ar -3573 independent Haitian church of God, Inc. L] cu- 2003 -ar -3573 independent Ha... <<cu- 2003 -ar -3573 independent Haitian church of God, Inc.>> Your message To: legals@naplesnews.com Subject: cu- 2003 -ar -3573 independent Haitian church of God, Inc. Sent: Mon, 3 Oct 2005 08:45:17 -0400 was delivered to the following recipient(s): legals on Mon, 3 Oct 2005 08:44:22 -0400 1 Page 1 of 1 Michelle A. Morales From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, October 03, 2005 8:54 AM To: Michelle A. Morales Subject: RE: cu- 2003 -ar -3573 independent Haitian church of God, Inc. Don't know how I did that. It was filed in the 9th and had the 9th on my ticket! Oh well, it'll run on the 9th. I wrote a credit for this one. Pam - - - -- Original Message---- - From: Michelle A. Morales [mailto: Michelle. Mora les @clerk.collier.fl.us] Sent: Monday, October 03, 2005 8:45 AM To: legals @naplesnews.com Subject: cu- 2003 -ar -3573 independent Haitian church of God, Inc. Legals This email is in reference to the above mention notice, Ad # 1228236. The ad was scheduled to run October 9, 2005 unfortunately it ran this Sunday October 3rd. Please send confirmation of a credit for the above mention ad #1228236 and an OK that this ad will run on the above scheduled date October 9, 2005. Thank you, any questions or concerns you can contact me at the below # Michelle Morales Minutes and Records Department 239- 7:32 -7646 ex# 7240 (Michelle. Morales@ clerk. collierfl. us) 10/3/2005 Affidavit of Publication 60", ee; F'T h`e m&� I will begin at State of Florida Board will cpnsider Count of Collier petition GU- 0 3 -AR• Y 3373, In en a�nt,.rHaall•- rioarClted Y Kelly 3�tt & Before the undersigned the serve as the authority, Of ppvklson Englfteer1r� Y ty, personally Inc. a Conde• appeared B. Lamb, who on oath says that they tional s In he RMF -6I zoni d�strict as Pro•, serve as the Assistant Corporate Secretary of the Naples Daily, Q r i� 4 Table 3 2 a daily newspaper published at Naples, in Collier County, Land Development Code Florida; distributed in Collier and Lee counties of Florida; that (LDC) for on of a church. T e 2.03 +/- the attached copy of the advertising, being a acre p f the be dl- tional use is located at �37-0�g9� d�Gti110t{ordd Ro�d�LAt PUBLIC NOTICE G� ullford Acres, in Sec• tion 13. Township 50, Range 25, Collier County in the matter of Public Notice Nda. as published in said newspaper I NOTE- All gppersons wish- Ina enda ttemamt�L any ter" wkh the►d' time(s) in the issue October 9th, 2005 minlstrotor p!iPre' on aryl tram. ,,,s — tton of an individual to giant further says that the said Naples Daily News is a newspaper s'- p—e tAo al( of a s ygroup is published at Naples, in said Collier County, Florida, and that the said enC r nit recog newspaper has heretofore been continuously published in said Collier nia'a MYN CChair' a sp•ok"ISO On ?or a County, Florida; distributed in Collier and Lee counties of Florida, grEt or organization each day and has been entered as second class mail matter at the post 4114111:60, lob an µ s ca op"N office in Naples, in said Collier County, Florida, for a period of 1 ItBifn. _ year next preceding the first publication of the attached copy of persons wishing to advertisement; and affiant further says that he has neither paid nor have written. Ar gprraphic; promised any person, firm or corporation any discount, rebate, mateNsls'• itlCiu Tied In, board commission or refund for the purpose of securing this advertisement for e s s�,�merit said m n tr atmam or -' publication in the said newspaper. / wge s prior o the re spective public hearing.I J In and cans, vrrM ma- �1 terle, s ded to be ( Signature of affiant) I hallj e 5 �eBdd to the apPrriaU County staff a m nimunt of sev- en days prior to the public hearing. All ma terlal ��lIs�ed In presents Sworn to and subscribed before me ons petore -the Board This October 9th, 2005 wdH become a perma- nent Part ofthe record. Any person who decld- 1' es to appeal a decision of the Board will need a (Signature of notary public) record of the proceed• Info oioreI mayer►eea to ensure that a verba- tim record of the pro- k�Clrneti Bu.vio,1 j �l lg made which �i QMPII� �N,t �UZ34689 %xPiRk, rectlr includes the,tes- tlmony and evidence u.v 2 ° 200, upon which the appeal is based. BOARD OF COUNTY COMMWASONT COUNTY, OLLIER C FREDroW. COYLE, CHAIR- MIGHT E. BROCK, t�y% 6 //HOW W R Rockhold; 9 mac. V 4o3i1 �CU•2003 -14R -3573 NOTICE Of PUBLIC HEARING 0 N Nottice is hereby glv tt4 the Board a1 C" NAPLES DAILY NEWS o ommissloners of c Published Daily I is hea � Naples, FL 34102 d day, October 9, . 3 M. aesrdroom, 3 60", ee; F'T h`e m&� I will begin at State of Florida Board will cpnsider Count of Collier petition GU- 0 3 -AR• Y 3373, In en a�nt,.rHaall•- rioarClted Y Kelly 3�tt & Before the undersigned the serve as the authority, Of ppvklson Englfteer1r� Y ty, personally Inc. a Conde• appeared B. Lamb, who on oath says that they tional s In he RMF -6I zoni d�strict as Pro•, serve as the Assistant Corporate Secretary of the Naples Daily, Q r i� 4 Table 3 2 a daily newspaper published at Naples, in Collier County, Land Development Code Florida; distributed in Collier and Lee counties of Florida; that (LDC) for on of a church. T e 2.03 +/- the attached copy of the advertising, being a acre p f the be dl- tional use is located at �37-0�g9� d�Gti110t{ordd Ro�d�LAt PUBLIC NOTICE G� ullford Acres, in Sec• tion 13. Township 50, Range 25, Collier County in the matter of Public Notice Nda. as published in said newspaper I NOTE- All gppersons wish- Ina enda ttemamt�L any ter" wkh the►d' time(s) in the issue October 9th, 2005 minlstrotor p!iPre' on aryl tram. ,,,s — tton of an individual to giant further says that the said Naples Daily News is a newspaper s'- p—e tAo al( of a s ygroup is published at Naples, in said Collier County, Florida, and that the said enC r nit recog newspaper has heretofore been continuously published in said Collier nia'a MYN CChair' a sp•ok"ISO On ?or a County, Florida; distributed in Collier and Lee counties of Florida, grEt or organization each day and has been entered as second class mail matter at the post 4114111:60, lob an µ s ca op"N office in Naples, in said Collier County, Florida, for a period of 1 ItBifn. _ year next preceding the first publication of the attached copy of persons wishing to advertisement; and affiant further says that he has neither paid nor have written. Ar gprraphic; promised any person, firm or corporation any discount, rebate, mateNsls'• itlCiu Tied In, board commission or refund for the purpose of securing this advertisement for e s s�,�merit said m n tr atmam or -' publication in the said newspaper. / wge s prior o the re spective public hearing.I J In and cans, vrrM ma- �1 terle, s ded to be ( Signature of affiant) I hallj e 5 �eBdd to the apPrriaU County staff a m nimunt of sev- en days prior to the public hearing. All ma terlal ��lIs�ed In presents Sworn to and subscribed before me ons petore -the Board This October 9th, 2005 wdH become a perma- nent Part ofthe record. Any person who decld- 1' es to appeal a decision of the Board will need a (Signature of notary public) record of the proceed• Info oioreI mayer►eea to ensure that a verba- tim record of the pro- k�Clrneti Bu.vio,1 j �l lg made which �i QMPII� �N,t �UZ34689 %xPiRk, rectlr includes the,tes- tlmony and evidence u.v 2 ° 200, upon which the appeal is based. BOARD OF COUNTY COMMWASONT COUNTY, OLLIER C FREDroW. COYLE, CHAIR- MIGHT E. BROCK, t�y% 6 //HOW W R Rockhold; 9 mac. V 4o3i1 on aryl tram. ,,,s — tton of an individual to giant further says that the said Naples Daily News is a newspaper s'- p—e tAo al( of a s ygroup is published at Naples, in said Collier County, Florida, and that the said enC r nit recog newspaper has heretofore been continuously published in said Collier nia'a MYN CChair' a sp•ok"ISO On ?or a County, Florida; distributed in Collier and Lee counties of Florida, grEt or organization each day and has been entered as second class mail matter at the post 4114111:60, lob an µ s ca op"N office in Naples, in said Collier County, Florida, for a period of 1 ItBifn. _ year next preceding the first publication of the attached copy of persons wishing to advertisement; and affiant further says that he has neither paid nor have written. Ar gprraphic; promised any person, firm or corporation any discount, rebate, mateNsls'• itlCiu Tied In, board commission or refund for the purpose of securing this advertisement for e s s�,�merit said m n tr atmam or -' publication in the said newspaper. / wge s prior o the re spective public hearing.I J In and cans, vrrM ma- �1 terle, s ded to be ( Signature of affiant) I hallj e 5 �eBdd to the apPrriaU County staff a m nimunt of sev- en days prior to the public hearing. All ma terlal ��lIs�ed In presents Sworn to and subscribed before me ons petore -the Board This October 9th, 2005 wdH become a perma- nent Part ofthe record. Any person who decld- 1' es to appeal a decision of the Board will need a (Signature of notary public) record of the proceed• Info oioreI mayer►eea to ensure that a verba- tim record of the pro- k�Clrneti Bu.vio,1 j �l lg made which �i QMPII� �N,t �UZ34689 %xPiRk, rectlr includes the,tes- tlmony and evidence u.v 2 ° 200, upon which the appeal is based. BOARD OF COUNTY COMMWASONT COUNTY, OLLIER C FREDroW. COYLE, CHAIR- MIGHT E. BROCK, t�y% 6 //HOW W R Rockhold; 9 mac. V 4o3i1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h rout' lines #1 through #4, complete the checklist, aM.7 5 . Route to Addressee(s) Office te List in routing order) 1. SA f� �S-pS 2. 3 S 5. Sue Filson, Exe�Itive' Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Phone NumENumbler Contact M K��5 -s7y S Agenda Date Item was ` . Agenda IteA roved b the BCC / 13 Type of Document y ` Number of OriginaAttached tDocuments Attach TN.C'TRTTt- r1nNC .e_ ruurvr rc.m I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip wwS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 i'mift MEMORANDUM Date: November 17, 2005 To: Mike Bosi, Principal Planner Zoning and Land Devlopment Review From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005 -401 Enclosed please find one copy of the document referenced above, Agenda Item #7B, which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure RESOLUTION NO. 05- 401 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE "RMF -6" ZONING DISTRJCT PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04 -41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a church as provided for in Table 2 of Section 2.04.03 of the Collier County Land Development Code in a RMF -6 Zoning District on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Chapter 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU- 2003 -AR -3573, filed by Kelly Smith, of Davidson Engineering Inc. representing the Independent Haitian Church of God stating with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use as provided for in Table 2 of Section 2.04.03 of the "RMF -6" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: "I Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this % day of /'J® � e4l- , 2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: llu W FRED W. COYLE, CHA ATTEST: a Mar of - M. Student - Assistant County Attorney Attachments: A. Findings of Fact B. Legal Description C. Site Plan D. Proposed Conditions BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes �,/— No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: '! - yj MEMBER: EXHIBIT A W FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes `/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or /Affect miti ated by A) 0 Affect cannot be mitigated I ppopc " D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: D,� _ *HtMAA: f'� f ✓�� /r-led cd ET- FINDING OF FACT EXHIBIT A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with e Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres & egress Yes ' No C. Affects nei oring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi n district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: lQ ,, & " 1 MEMBER: EXHIBIT A W FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2403 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. ('Wanting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because o£ A. Consistency with the Land Development Code and Growth Management Plan: Yes v No B. Ingress and egress to property and proposed shuctures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Z No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YeSZ No Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval DATE: Ib r ow) 5W-ryL- EXHI6IT A 7 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes L/ No B. Ingress and egress to property and proposed structures, thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u7�j ' n district Yes , Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE:_ 1 o I L 10 5' MEMBER: EXHIBIT A C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: ■ 1. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: s Yes- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No t/ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: L//-No affect or Affect mitigated by Affect cannot be mitigated CP) Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: C>,., J b CHAIRMAN: l Y k-n FINDING OF FACT EXHIBIT A BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -3573 The following facts are found: 3. Chapter 2.04.03. of the Land Development Code authorized the conditional use. 4. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes �r No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V/ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within 7 ` Yes No ase o e ab� ve findings, this conditional use should, with stipulations, (copy attached) (should not) ecommended for approval DATE: t (� MEMBER: 6k EXHIBIT A �NNN1l Imm ri 1 oco °d �nm �dn i 0 1 � 1 W ° 1 �pZ� vl < =Wis= N 19 =m5:,$6b awes na$ � � 1 3 s h vi N ° N Y� m f i 1 E �kx�Ft gS� ^xSZ R hiM' xxxx�j Nti ® HOWHO ONllSD3 �s L >rdR -�L 00,* MC ISC20.00'S F o` z 69 1 "I ! I $I 1I 1 G lu V 5 Zo Zo LL 21--0. W% Z�� y w * zKrgSQ tit a, e, y v o 0 W G W O N a 20 I e >Z N N la. CV Z 0 0 a LL 0 S Vol Z"a! 9 Z� w 0 W CL W O Z �A w TV1 v H ;;11 m n t ii �� jg _ p r: 6 6 'e _ ' �kx�Ft gS� ^xSZ R hiM' xxxx�j Nti ® HOWHO ONllSD3 �s L >rdR -�L 00,* MC ISC20.00'S F o` z 69 1 "I ! I $I 1I 1 G lu V 5 Zo Zo LL 21--0. W% Z�� y w * zKrgSQ tit a, e, y v o 0 W G W O N a 20 I e >Z N N la. CV Z 0 0 a LL 0 S Vol Z"a! 9 Z� w 0 W CL W O Z �A w TV1 v H n t t _ p r: 6 6 _ ' I 7 _ < < �s L >rdR -�L 00,* MC ISC20.00'S F o` z 69 1 "I ! I $I 1I 1 G lu V 5 Zo Zo LL 21--0. W% Z�� y w * zKrgSQ tit a, e, y v o 0 W G W O N a 20 I e >Z N N la. CV Z 0 0 a LL 0 S Vol Z"a! 9 Z� w 0 W CL W O Z �A w TV1 v H 69 1 "I ! I $I 1I 1 G lu V 5 Zo Zo LL 21--0. W% Z�� y w * zKrgSQ tit a, e, y v o 0 W G W O N a 20 I e >Z N N la. CV Z 0 0 a LL 0 S Vol Z"a! 9 Z� w 0 W CL W O Z �A w TV1 v H rAre Conditions of Approval CU- 2003 -AR -3573 The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41, as amended. 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" Conditions of Approval CU- 2003 -AR -3573 The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance No. 04 -41, as amended. 2. The companion Site Development Plan (SDP- 04 -AR- 6272), which details the requested parking reduction and has satisfactorily completed regulatory review from County staff, is authorized for approval with the approval of this conditional use. 3. The current owner and all future owners of the church facility authorized by this conditional use shall continue to utilize private bus service to transport patrons to and from the facility. This requirement is based upon the parking reduction associated with the conditional use approval. 4. The current owner and all future owners of the church facility authorized by this conditional use shall maintain the required landscaping per code, and as evidence, they shall submit an executed contract to provide landscape maintenance on the church property with a landscape maintenance company to the Department of Zoning and Land Development Review. EXHIBIT "D" will Legal Description- CU -03 -AR -3573 Guilford Acres Block A, Lots 5 and 6 EXHIBIT "B" 8 q . The Advertising for Sonoma Oaks was prepared and submitted to the Naples Daily News by Mr. R. Bruce Anderson, Esquire, from the firm of Roetzel and Andress, P.A. of Naples, Florida 1011712005 09:32 2396436369 COLLIEP. CTS' ZWING PAGE 01/02 ORDINANCE NO.2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 'NZTMB£R 04-41, AS AMENDED, THE COLLIER COCINTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY tl vMENDNG THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM RURAL AGRICULTURE (A) TO MIXED USE PLANNED I1NIT DEVELOPMENT (MPUD) KNOWN AS SONTOhIA OAKS MPUD, FOR PROPERTY LOCATED ON TI4E WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY 'n MILE NORTH OF VANDERBILT BEACH ROAD (CR 862), IN SECTION Set, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER. COUNTY, FLORIDA, CONSISTING OF 37.5 ACRES: AND PROVIDE AN EFFECTIVE DATE. WHER,cAS, Richard and Frances Craig, and CDN Properties, LLC, represented by Robert Mulhere, AICP, of RWA, Inc. and R. Bruce Anderson, of Roetzel and Andress, petitioned the Beard of Cou:ity Conrrnissioners to chajage the zoning classification of the subject real property, pursuant to Petition PUDZ- 2005 -AR -7469, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLNTY, FLORIDA that: SECTION ONE. The Zoning Classification of the subject real property located in Section 34, Township 48 Sotreh, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) to Mixed T rsc Planned Unit Development (MPUD) in accordance with the PUD Docwnent, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas rnap or snaps, as described in Ordinance Number 04 -41, as amended., the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon fling with the Florida Department of State, 1,3117,'2005 39:33 2336436968 COLLIER CT,' Z 4d t4G PAGE D2/ 32 8 A PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, taus"^ day of 20-0 ATTEST: BOARD OF COUNTY COMM.ISSIO;.ERS DVr'IGHT E. F3KOCK CLERK COLLIER COUNTY, FLORIDA BY: Deputy Cleric FRET) W. COYLE, CIIALRMAN A proved as to form and legr'suffici }: Patrick me Assistant County Attorney 8 A � SONOMA OAKS MPUD n MIXED -USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE SONOMA OAKS MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CARL M. NAGEL, AGENT FOR CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG, AGENT FOR RICHARD & FRANCES CRAIG 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 INC CONS L.TING 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and R. BRUCE ANDERSON, ESQUIRE ROETZEL & ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE -THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" 08/18/05 8 A TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES i STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION I -1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS II -1 SECTION III RESIDENTIAL DEVELOPMENT STANDARD III -1 SECTION IV COMMERCIAL TRACT (C) IV -1 SECTION V PRESERVE TRACT (P) V -1 SECTION VI DEVELOPMENT COMMITMENTS VI -1 01 8 A A LIST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" MPUD MASTER PLAN EXHIBIT `B" LEGAL DESCRIPTION TABLE I PROJECT LAND USE TRACTS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS 8 A l STATEMENT OF COMPLIANCE The development of 37.5± acres of property in Collier County, Florida, as a Mixed -Use Planned Unit Development (MPUD) to be known as Sonoma Oaks MPUD, complies with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The development of Sonoma Oaks MPUD will be consistent with and further the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). More specifically, the Sonoma Oaks MPUD will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: 1. The subject property is designated Urban on the Future Land Use Map (FLUM) and lies within the Urban — Mixed Use District, Urban Residential Subdistrict. A 9.38± acre portion of the subject property qualifies for commercial zoning under the Office and In -fill Commercial Subdistrict provisions of the Urban — Mixed Use District in the Future Land Use Element (FLUE), as amended. The remaining 28.12± acres qualify for residential development at up to 4.0 dwelling units per acre. The PUD provides for a maximum of 112 dwelling units and a maximum of 120,000 square feet of commercial office and retail use. 2. The purpose and intent of the Office and Infill Commercial Subdistrict provisions of the GMP reads as follows: The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadways) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial " refers to C -1 through C -S zoning districts and commercial components of PUDs. A. The proposed MPUD is within the Urban — Mixed Use District. B. The proposed MPUD abuts Collier Boulevard (C.R. 951), which is classified as an Arterial on the Collier County Functional Classification Map. C. This MPUD designates 9.38 acres along Collier Boulevard for Commercial use as set forth under the Office and Infill Commercial Subdistrict. Although the commercial area has been reconfigured from an east -west orientation along Mission Hills Loop Road to a north -south orientation along Collier Boulevard, the commercial area is limited to 9.38± acres, and is consistent with all other criteria and provisions as set forth in the Office and Infill Commercial Subdistrict. Moreover, the proposed uses are generally lower intensity uses, and thus are compatible with adjacent and nearby residential and commercial development. 11 $ A � 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's requested density and intensity as described in Objective 2 of the Future Land Use Element. 4. The development will be compatible and complimentary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 5. The development of the Sonoma Oaks MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The native vegetation provisions of the Sonoma Oaks MPUD implements Policy 6. 1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 7. By virtue that the project must comply with the provisions of Chapter 6 of the LDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. The project provides a roadway connecting Wolfe Road and the Loop Road, allowing access for the public to the shopping center (immediately to the south) and to Wolfe Road (which is the site of a future traffic signal at Collier Boulevard), thereby reducing traffic volumes and improving at the intersection of Vanderbilt Beach Road and Collier Boulevard. In addition, the connection road provides an alternate route for emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks PUD across Wolfe Road, which will allow them to avoid the intersection when traveling west. As a result, the Project furthers Goal 1 of the Transportation Element, and specifically the following Objectives: 2, 3, 4, 5, and 7. 9. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 10. All final local development orders for this project are subject to the County's Adequate Public Facilities, Section 6.02.00, as amended, of the Collier County Land Development Code. iii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE $ A 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 Sonoma Oaks MPUD. 1.2 LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT -OF -WAY (PARCEL 3). 1.3 PROPERTY OWNERSHIP The subject property is owned by: Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. I -1 1.4 DEVELOPER win The Sonoma Oaks MPUD property is intended to be developed by the applicants. All reference to the "Developer" as may be contained in this MPUD Document shall mean the applicants, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Developer to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the west side of Collier Boulevard, approximately '/4 mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east (unincorporated) Collier County, Florida. The zoning classification of the subject property prior to the date of the approved PUD was "A," Rural Agricultural. The co- applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment will be accomplished by an on -site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre- treatment, and wetland hydrology maintenance. I -2 Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 — Holopaw Fine Sand, Limestone Substratum. am The subject property is mostly cleared. The remaining vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1.7 PROJECT DESCRIPTION The Sonoma Oaks MPUD shall be a mixed -use development. The eastern 9.38± acres of the property, shall allow for a variety of office and low intensity commercial uses. The remainder of the property shall be developed as a residential community. The developer will provide a public road that will interconnect Wolfe and Loop Roads and separate the Commercial and residential components of the MPUD. Access to the property will be provided via a right in along Collier Boulevard, and a full- access opening along Wolfe and two access points along Loop Road. The Commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The Sonoma Oaks MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Sonoma Oaks Mixed -Use Planned Unit Development Ordinance ". I -3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 8 A 2.1 PURPOSE The purpose of this section is to generally describe the project plan of development, relationships to applicable County Ordinances, the respective land use tracts within the Sonoma Oaks MPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Sonoma Oaks MPUD shall be in accordance with the contents of this document, the PUD- Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Sonoma Oaks MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00, Adequate Public Facilities, at the earliest or next -to -occur of either Site Development Plan approval, Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A," MPUD Master Plan. There shall be three land tracts, portions of which may include water management lakes or facilities, and private rights -of -way. A breakdown of the Sonoma Oaks MPUD land use tracts and their respective acreages is presented in Table I. H -1 TABLE I PROJECT LAND USE TRACTS 8 A *Remaining 0.39 acres of required preserve will be provided at first of SDP or Plat approval. B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Plat or Site Development Plan approval, subject to the provisions of Sub - Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD document. C. In addition to the various areas and specific items shown on Exhibit "A," such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY& INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38± acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II -2 C. The provisions of Section 10.02.03 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 9.38± (excluding ac. for ROW TRACT "C" COMMERCIAL reservation 12.41± (excluding ac. for ROW TRACT "R" RESIDENTIAL reservation and lake TRACT "P" PRESERVE 5.32±* *Remaining 0.39 acres of required preserve will be provided at first of SDP or Plat approval. B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Plat or Site Development Plan approval, subject to the provisions of Sub - Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD document. C. In addition to the various areas and specific items shown on Exhibit "A," such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY& INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38± acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II -2 C. The provisions of Section 10.02.03 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. 1� D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. In the case of zero lot line units and development tracts using the 4 and 8 -foot setback option, at the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance or MPUD Master Plan, Exhibit "A," as provided for in Section 10.02.13. of the LDC. Minor changes and refinements, as described in Section 6.3.C. of this MPUD document, may be made in connection with any type of development or permit application required by the LDC. 2.7 COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this MPUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including open space and native preservation areas, subject to the provisions of LDC Section 2.2.20.3.8. set forth as follows: "Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan or development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If 11 -3 deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the development services director shall call upon any public or private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or 8 A common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties." This Section of the original codification of the LDC was unintentionally omitted from the re- codified LDC, and is intended to be added, but is nonetheless still presently effective. 2.8 MODEL, SALES/RENTAL AND CONSTRUCTION OPERATION FACILITIES A. Models, sales /rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Sonoma Oaks MPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the Collier County Land Development Code. Temporary Use Permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. B. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.9 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans and final subdivision plat to depict the location of the clubhouse and related facilities within a future platted tract. The approval of the clubhouse SDP is not dependant on final plat approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. II -4 2.10 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.8 of this MPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but shall not be expanded in size. • 2.11 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 30% of the entire MPUD (excluding R.O.W reserved for Wolfe Road and Collier Boulevard). The MPUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Chapter 4.02.01 (B) of the LDC for mixed -use developments. 2.12 RIGHTS -OF -WAY At the discretion of the developer, the minimum right -of -way width to be utilized for all project streets may be fifty feet (50'). Deviation 1 from LDC Section 6.06.01(0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right of way for local roads to be a least sixty feet (60'). Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sonoma Oaks MPUD except in the Preserve Area. General permitted uses are those uses that generally serve the Developer, owners, and tenants of the Sonoma Oaks MPUD and are typically part of the common infrastructure. A. General Permitted Uses: Essential services as set forth under LDC, Section 2.01.03. 2. Water management facilities and related structures. 3. Irrigation treatment and distribution facilities. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. II -5 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 8 A. 7. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 2.19 of this MPUD. 2.14 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or B. Redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.03.06. C. The Sonoma Oaks MPUD is a planned mixed -use development and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for the commercial uses and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, pavement treatments, roadway medians, fences, walls, buffers, berms, and other similar facilities. The MPUD will comply with all applicable provisions of LDC Chapter 5, unless a deviation from these standards is authorized as a condition of a subsequent development order. I• SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the MPUD Master Plan, Exhibit "A ". Infrastructure, perimeter land use buffers, signage, as well as project recreational /social facilities will occur within this Tract "R'. The residential portion of this PUD will not be developed or operated as a rental community. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 112 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single - family attached dwellings (including townhouses intended for fee simple conveyance) 2. Zero lot line dwellings 3. Single - family detached dwellings 4. Two - family dwellings 5. Multiple - family dwelling 6. Patio homes (as defined in footnote 1, Table H of this section) B. Accessory Uses: Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities, along with the following: Model Homes (See Section 2.8 of this MPUD Document). 11 8 A 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Section 4.03.01 of the Collier County Land Development Code in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE - TWO- FAMILY, SINGLE- FAMILY PATIO"' & CLUBHOUSE/ FAMILY ATTACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/A MIN FRONT YARDS 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 0 FEET or 15 FEET N/A 6 FEET 6 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MIN PRESERVE SETBACK; 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 15 FEET or N/A V= BH, WHICIHEVER IS GREATER MAX. BLDG. HT. ° 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET ACCESSORY STRUCTURES FRONTS 10 FEET 10 FEET 10 FEET 10 FEET 20 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET %: BH REAR 5 FEET6 5 FEET6 5 FEET6 5 FEET6 10 FEET6 PRESERVE SETBACK' 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX. BLDG. HT. a 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET III -2 8 A BH: Building Height Notes: Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (f not curbed). 1) A Patio Home is a detached or semi - detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0) on one side and six feet (6) on the other side in order to provide a minimum separation between principal structures of twelve feet (12 ). Alternatively, if the zero foot (0 ) setback option is not utilized, then the minimum setback shall not be less than four feet (4 ) and the combined setback between principal structures shall be at least twelve feet (12 ). At the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 3) Setback from preserve areas shall be twenty-five feet (25 ) for principal structures and ten feet (10 ) for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. 4) Building height is measured as set forth in LDC Section 1. 08.02 Definitions "zoned height of building. " 5) Front loading garages shall have a minimum front yard setback twenty-three feet (23 ), as measured from the back of sidewalk. Side loaded garages maybe located less than twenty-five feet (23 ) feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached or detached to the principal structure. 6) Setback from lake easements for all accessory uses and structures may be zero feet (0 ). 7) No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement, shall encroach into a required landscape buffer tract or easement. 8) Actual Height, as defined in the LDC, shall not exceed 40 feet for single-family attached, single-family detached, two family attached and zero lot line development, or 45 feet for multi family and clubhouse development. 11 SECTION IV COMMERCIAL TRACT (C) 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C," Commercial on Exhibit "A," MPUD Master Plan. The general function and purpose of this tract is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 4.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 9.38± acre Commercial (Tract "C "), shall not be developed with more than 120,000 square feet of commercial/office uses, and in no case shall a retail use or uses, or an office use be permitted if the trip generation rate for said use or uses exceeds the trip generation rate for Land Use Code (LUC) 820 Shopping Center or LUC 710 General Office, respectively, as set forth in the Institute of Transportation Engineers (ITE) Report in effect at time of SDP review. 4.3 PERMITTED USES 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 I: 1. 5231— Paint Glass, and Wallpaper Stores; 2. 5331 —Variety Stores 3. 5399 — Miscellaneous General Merchandise Store 4. 5441 — Candy, Nut and Confectionary Stores 5. 5451 — Dairy Product Stores 6. 5499 — Miscellaneous Food Stores 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. IV -1 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 8 q 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572 and 573 in the Standard Industrial Classification Manual. 9. 5812 — Eating Places, except that a maximum of one free standing fast food restaurant, as defined in the LDC, shall be permitted, not to exceed 5,000 square feet of gross leasable floor area. 10. 5912 — Drug Stores and Proprietary Stores 11. 5941 — Sporting Goods and Bicycle Shops 12. 5942 — Book Stores 13. 5943 — Stationary Stores 14. 5944 — Jewelry Stores 15. 5945 — Camera and Photographic Supply Store 16. 5947 — Gift, Novelty and Souvenir Shops 17. 5943 — Luggage and Leatherworks Store 18. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 722 — Photographic Portrait studios b. 723 — Beauty Shops C. 724 — Barber Shops d. 725 — Shoe Repair Shops and Shoeshine Parlors e. 729 — Miscellaneous Personal Services, only including 7291 Tax Return Preparation Services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, Photofinishing Laboratories. IV -2 • • l 21. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 — Watch, Clock, and Jewelry Repair and 7699 — Repair Shops and Related Services, Not Elsewhere Classified. 22. 7841— Video Tape Rental. 23. 7991— Physical Fitness Facilities 24. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Groups: a. 801 — Offices and Clinics of Doctors of Medicine; b. 802 — Offices and Clinics of Dentists; C. 803 — Offices and Clinics of Doctors of Osteopathy; d. 804 — Offices and Clinics of Other Health Practitioners. 25. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 26. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 27. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711— Engineering Services b. 8712 — Architectural Services C. 8713 — Surveying Services d. 8721— Accounting, Auditing and Bookkeeping Services e. 8741 — Management Services f. 8742 — Management Consulting Services g. 8743 — Public Relations Services h. 8748 — Business Consulting Services. 28. Any other Permitted use set forth in the LDC in the C -3 district, except 5411 free standing Grocery Stores only, and 5813 Drinking Places. Conditional Use 1. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). IV -3 C. Accessory Uses ki 8 A Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Document. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3. One caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Sonoma Oaks MPUD Commercial Tract. Standards not specified herein shall be those specified in applicable sections of the LDC in effect in effect at the time of site development plan or subdivision plat review and approval. B. Architectural Uniformity: Development within the Commercial Tract of this MPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Section 5.05.08 of the LDC, or may be unique to the MPUD, in conformance with the applicable guidelines and standards of Section 5.05.08 of the LDC, unless an exception, waiver, or variance from those guidelines or standards is granted. IV -4 8 q TABLE III COMMERCIAL DEVELOPMENT STANDARDS MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS External From Wolfe Road 25 ft. SPS From Future Collier Blvd. 25 ft. SPS From Loop Road 25 ft. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 10 ft. Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 10 ft. or 1/2 the sum of building heights* 10 ft. MAXIMUM HEIGHT * ** Retail Buildings 1 story and 42 ft. 42 ft. Office Buildings 3 stories and 42 ft. 42 ft. MINIMUM FLOOR AREA 1,000 sq. ft. ** N/A MAXIMUM GROSS LEASABLE AREA 120,000 sq. ft. N/A * whichever is greater ** per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of twenty -five (25) square feet and are not subject to setback requirements set forth above. * ** Actual Height as Defined in the LDC shall not Exceed 50 feet. C. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. Said lighting shall be shielded where necessary to prevent glare onto adjacent residential property. N -5 SECTION V PRESERVE AREA 8 q 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," MPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 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, subject to the issuance of regional, State and Federal permits, when required: A. Principal Uses: 1. Open spaces/Nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. V -1 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE 8 q The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Site Development Plans, Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section 4.02.00 of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 6.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sonoma Oaks MPUD Master Plan upon written request of the Developer. VI -1 8 A 1. The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the GMP, and the Sonoma Oaks MPUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13 of the LDC. C. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the MPUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.1 of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area below the amount required in this MPUD document. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County. C. Internal realignment of roadways and interconnection to off -site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the MPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of MPUD tract boundaries when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI -2 8 A + 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This MPUD is subject to the Sunset Provisions of Section 10.02.13 of the LDC. B. An annual MPUD monitoring report shall be submitted pursuant to Section 10.02.13 of the LDC and be in the form of an affidavit by the property owner or designated agent. 6.5 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with the 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) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan, at the discretion of the developer; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO of that phase. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Section 6.02.01 of the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. VI -3 [Jml ff G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. 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, except for the reverse connector road between Wolfe and Loop Roads that may be dedicated to the County. J. If any required turn lane improvement requires the use of existing County right -of- way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. 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 fair share cost of such improvement shall be borne by the developer. L. The applicant has agreed to convey right -of -way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip of land 65 feet in width and running the entire length of the property's frontage on Collier Boulevard; and (2) Wolfe Road — a strip of land 80 feet in width and 540 feet in length along the projects Wolfe Road Frontage. M. No Certificates of Occupancy shall be granted for improvements within this PUD prior to October 1, 2007, with the exception of certificates of occupancy for construction trailers and a sales facility. 6.6 WATER MANAGEMENT The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: VI -4 8 A A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the LDC and SFWMD Rules. C. The project developer must obtain an ERP or Early Work Permit from the SFWMD prior to Site Development Plan approval. 6.7 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 01 -057, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The Developer will provide Collier County with an easement or fee simple title for a parcel of land generally located in the southeast quadrant of the site for a well and pump- house. The size of the well and pump -house parcel shall be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The precise location shall be determined at the time of first site development plan or subdivision plat approval. It shall be the responsibility of Collier County to design and construct the pump- house, fencing, signage, and lighting, and any other site improvements so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location. 6.8 ENVIRONMENTAL The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida ERP Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI -5 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF &WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. 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 plants (in perpetuity) shall be the responsibility of the property owner. D. The MPUD shall be consistent with the environmental sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Plat/Construction Plan approval. 6.9 ADDITIONAL DEVELOPMENT COMMITMENTS A. Developer shall make a payment of one thousand dollars ($1000), at the time of the first closing on the sale of each dwelling unit constructed on the PUD property, to the Empowerment Alliance of Southwest Florida Community Development Corporation. This commitment and the subsequent payments may be credited against any subsequently adopted affordable, work force, and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other similar tax or charge which would otherwise be applicable to the PUD property, as may be so contemplated and provided for by such subsequently adopted provisions. VI -6 8 A R Exhibit "B" LEGAL DESCRIPTION The North half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the East 100 feet previously deeded for State Highway right -of -way (Parcel 1). The North half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet previously deed for State Highway right -of -way (Parcel 2). The South half of the South half of the Northeast quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less the east 100 feet (Parcel 3). I� U, 0 Z �r m C < O K I O P OHO loo zcz m I i. n N o Z -� � ` Y Z rt 6-z gln I Hn �I Z Z r IIp o v -co ' O 0 wn I o O D m O Z O a� �O z b d Ri g S gag'sx p � €i � OW HIP UN! ix x D R mid dill � [ €y^' g n D R Ozm■ g�R $ 6 4R 4'6. Ali. AN o KA R MR, R "' A C a m ka R90 a9a SEt �g 1 qq �= g a Hug c R A v ng s a e x p g RR z U., EXHIBIT A" (fyie CDN PROPERTIES RICHARD AND FRANCIS CRAIG SONOMA OAKS MPU MPUDMASTERPLAN Ho)N'VSL� • V L JL �"0� "t CONCEPT A o,o+ao r -,ar our �,WWMIW ..MB Z Z r IIp o v -co ' O 0 wn I o O D m O Z O a� �O z b d Ri g S gag'sx p � €i � OW HIP UN! ix x D R mid dill � [ €y^' g n D R Ozm■ g�R $ 6 4R 4'6. Ali. AN o KA R MR, R "' A C a m ka R90 a9a SEt �g 1 qq �= g a Hug c R A v ng s a e x p g RR z U., EXHIBIT A" (fyie CDN PROPERTIES RICHARD AND FRANCIS CRAIG SONOMA OAKS MPU MPUDMASTERPLAN Ho)N'VSL� • V L JL �"0� "t CONCEPT A 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper I time(s) in the issue October 10th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rehate, commission or refund for the purpose of securing this advertisement for publication in the said news aper. ( Signature of affiant) Sworn to and subscribed before Inc This October 10th, 2005 (Signature of notary public) NSIDER Notice Is hereby given that on TUESDAY, Octo- ber 25, 2005, In the Boardroom, 3rd Floor, Administration Building, Collier County Govern. MlInt Center, 3301 East Tamlaml Trail, Naples, Florida, the Board of wrsissios ment of a Count Ordl nance. The meeting will commence at 9:00 A.M. Tposedt Ordinance Isras follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.'. FLORIDA, AMENDING ORDINANCE NUMBER 04-'. 41, AS AMENDED, THE COLLIER COUNTY LAND on 1, 0; )not speak on organization r or ea to Perms nib to have written or a ,phic ma- terials includded in th( aoard agenda packet: I i said ofa7 t the re spective public hearing in any case, written ma teriais Intended to b, considered % the Boar, shall be submitted t the appro late Count Stan ay of set public hearing- ill m+ trial usad In presents bons befog ttte ¢o nenM � 0'ta p01 g Any person who decid, to appeal a decision Board a reed In cord of the pertaining ereto si therefore, may need ensure that a verbat record of the Ings is made, which ocef R; cord Includes the te: mony and eviden N" ,upon which the.app, is based. Ocn DVVYGw,., }r )51), APPROXIMATELY VANDERBILTORBEACH RDAD^fCR�'iM_:) N IN SE TION 34 TOWSHIP 48 SOUTH, liANOE 26 EAST, FLOR7q AC NB IY N OF 37.5 ACRES; AN PROVIDE AN EFFECTIVE DATE. Petition PUDZ- 2005 -AR- 7469, Richard and Frances Craig and CDN. re- (A) zoning district to the Planned Un it Develo� ment (PUD zoning dis- trict to be known as SO• noma Oaks PUD, a m x• ed•use development consisting of a maxi- mum of 112 residential' dwelling units and 120,000 square feet of commercial uses on a total of 37.5 +/- acres. The subject property is Iogated on the west side of Collier Boulevard, ap- proximatel 1/4 mile north of Vanderbilt Beach Road, In Section 34, Township 48 South. Range 26 East, Collier County, Florlda. BOARD OF COUN COMMISSIONERS Col"LAER COUN1 FRED W. COYLE, CHI MAN DWIGHT E. SRO, By: Heldl R. Rockh Deputy Clerk Oct. 10 No. 124 copses of the proposed are on it Ordinance with the Clerk to the Board and are available for inspection. All inter - ttoo a�tternddaandd be heard- NOTE: All persons wish Ing to speak on any agenda Item must reg-- 'd' ruuc•cuuP,AN -7469 ter with the County minlstrator prior a pre of the agenda OTICE OF INTENT TO ORDINANCE sentation Item to be addressed;) NSIDER Notice Is hereby given that on TUESDAY, Octo- ber 25, 2005, In the Boardroom, 3rd Floor, Administration Building, Collier County Govern. MlInt Center, 3301 East Tamlaml Trail, Naples, Florida, the Board of wrsissios ment of a Count Ordl nance. The meeting will commence at 9:00 A.M. Tposedt Ordinance Isras follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.'. FLORIDA, AMENDING ORDINANCE NUMBER 04-'. 41, AS AMENDED, THE COLLIER COUNTY LAND on 1, 0; )not speak on organization r or ea to Perms nib to have written or a ,phic ma- terials includded in th( aoard agenda packet: I i said ofa7 t the re spective public hearing in any case, written ma teriais Intended to b, considered % the Boar, shall be submitted t the appro late Count Stan ay of set public hearing- ill m+ trial usad In presents bons befog ttte ¢o nenM � 0'ta p01 g Any person who decid, to appeal a decision Board a reed In cord of the pertaining ereto si therefore, may need ensure that a verbat record of the Ings is made, which ocef R; cord Includes the te: mony and eviden N" ,upon which the.app, is based. Ocn DVVYGw,., }r )51), APPROXIMATELY VANDERBILTORBEACH RDAD^fCR�'iM_:) N IN SE TION 34 TOWSHIP 48 SOUTH, liANOE 26 EAST, FLOR7q AC NB IY N OF 37.5 ACRES; AN PROVIDE AN EFFECTIVE DATE. Petition PUDZ- 2005 -AR- 7469, Richard and Frances Craig and CDN. re- (A) zoning district to the Planned Un it Develo� ment (PUD zoning dis- trict to be known as SO• noma Oaks PUD, a m x• ed•use development consisting of a maxi- mum of 112 residential' dwelling units and 120,000 square feet of commercial uses on a total of 37.5 +/- acres. The subject property is Iogated on the west side of Collier Boulevard, ap- proximatel 1/4 mile north of Vanderbilt Beach Road, In Section 34, Township 48 South. Range 26 East, Collier County, Florlda. BOARD OF COUN COMMISSIONERS Col"LAER COUN1 FRED W. COYLE, CHI MAN DWIGHT E. SRO, By: Heldl R. Rockh Deputy Clerk Oct. 10 No. 124 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ..o..ti.....,£the rhai —Wc eia ti— draw a line. thrmorh mutine lines # I through #4. complete the checklist, and forward to Sue Filson (line #5). - -- - - - - Route to Addressee(s) List in routing order) Office Initials Date 1. Q //?? �i (Initial) Applicable) 2. (t Agenda Item Number 3. p� 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners _ Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item l Name of Primary Staff C, Phone Number a � 3'at�� Contact vl/�C�. (Initial) Applicable) Agenda Date Item was (t Agenda Item Number Approved b the BCC p� Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached _ Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware pf your deadlines! 6. The document was approved by the BCC on j(/ i.: b (enter date) and all changes e— N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 �. 8 A �Ft ORDINANCE NO. 2005- 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED 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 RURAL AGRICULTURE (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) KNOWN AS SONOMA OAKS MPUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), APPROXIMATELY '/4 MILE NORTH OF VANDERBILT BEACH ROAD (CR 862), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.5 ACRES; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, Richard and Frances Craig, and CDN Properties, LLC, represented by Robert Mulhere, AICP, of RWA, Inc. and R. Bruce Anderson, of Roetzel and Andress, petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ- 2005 -AR -7469. 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 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) to Mixed Use Planned Unit Development (MPUD) 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 04 -41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the 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 32005. ATTEST: DWIGHT E. BROCK, CLERK #tt¢'tt as, � Apne�d orb and leg 94fficii i�yk Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 7A W FRED W. COYLE, AIRMAN SONOMA OAKS MPUD A MIXED -USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE SONOMA OAKS MPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: CARL M. NAGEL, AGENT FOR CDN PROPERTIES, LLC 711 FIFTH AVENUE SOUTH, SUITE 209 NAPLES, FLORIDA 34102 and THOMAS R. CRAIG, AGENT FOR RICHARD & FRANCES CRAIG 2770 S. HORSESHOE DRIVE, SUITE 4 NAPLES, FLORIDA 34104 PREPARED BY: _p"WT1 CONSUL: JJNCT ..L. t. • T _L JL 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 and R. BRUCE ANDERSON, ESQUIRE ROETZEL & ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE -THIRD FLOOR NAPLES, FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" 08/18/05 11/15/200S 2005 -61 TABLE OF CONTENTS LIST OF EXHIBIT AND TABLES i STATEMENT OF COMPLIANCE ii SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION I -1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS II -1 SECTION III RESIDENTIAL DEVELOPMENT STANDARD III -1 SECTION IV COMMERCIAL TRACT (C) IV -1 SECTION V PRESERVE TRACT (P) V -1 SECTION VI DEVELOPMENT COMMITMENTS VI -I LIST OF EXHIBITS TABLES AND APPENDIX EXHIBIT "A" MPUD MASTER PLAN EXHIBIT `B" LEGAL DESCRIPTION TABLE I PROJECT LAND USE TRACTS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TABLE III COMMERCIAL DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE The development of 37.5± acres of property in Collier County, Florida, as a Mixed -Use Planned Unit Development (MPUD) to be known as Sonoma Oaks MPUD, complies with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan (GMP). The development of Sonoma Oaks MPUD will be consistent with and further the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). More specifically, the Sonoma Oaks MPUD will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: 1. The subject property is designated Urban on the Future Land Use Map (FLUM) and lies within the Urban — Mixed Use District, Urban Residential Subdistrict. A 9.38± acre portion of the subject property qualifies for commercial zoning under the Office and In -fill Commercial Subdistrict provisions of the Urban — Mixed Use District in the Future Land Use Element (FLUE), as amended. The remaining 28.12± acres qualify for residential development at up to 4.0 dwelling units per acre. The PUD provides for a maximum of 112 dwelling units and a maximum of 120,000 square feet of commercial office and retail use. 2. The purpose and intent of the Office and Infill Commercial Subdistrict provisions of the GMP reads as follows: The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial" refers to C -I through C -5 zoning districts and commercial components of PUDs. A. The proposed MPUD is within the Urban — Mixed Use District. B. The proposed MPUD abuts Collier Boulevard (C.R. 951), which is classified as an Arterial on the Collier County Functional Classification Map. C. This MPUD designates 9.38 acres along Collier Boulevard for Commercial use as set forth under the Office and Infill Commercial Subdistrict. Although the commercial area has been reconfigured from an east -west orientation along Mission Hills Loop Road to a north -south orientation along Collier Boulevard, the commercial area is limited to 9.38± acres, and is consistent with all other criteria and provisions as set forth in the Office and Infill Commercial Subdistrict. Moreover, the proposed uses are generally lower intensity uses, and thus are compatible with adjacent and nearby residential and commercial development. ii 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's requested density and intensity as described in Objective 2 of the Future Land Use Element. 4. The development will be compatible and complimentary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 5. The development of the Sonoma Oaks MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The native vegetation provisions of the Sonoma Oaks MPUD implements Policy 6. 1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 7. By virtue that the project must comply with the provisions of Chapter 6 of the LDC, it will implement, and further Objective 2 of the FLUE, Objective 8 of the Transportation Element, Objective 1.2 of the Sanity Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. 8. The project provides a roadway connecting Wolfe Road and the Loop Road, allowing access for the public to the shopping center (immediately to the south) and to Wolfe Road (which is the site of a future traffic signal at Collier Boulevard), thereby reducing traffic volumes and improving at the intersection of Vanderbilt Beach Road and Collier Boulevard. In addition, the connection road provides an alternate route for emergency vehicles from the Golden Gate Fire Station 73, located immediately north of Sonoma Oaks PUD across Wolfe Road, which will allow them to avoid the intersection when traveling west. As a result, the Project furthers Goal 1 of the Transportation Element, and specifically the following Objectives: 2, 3, 4, 5, and 7. 9. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 10. All final local development orders for this project are subject to the County's Adequate Public Facilities, Section 6.02.00, as amended, of the Collier County Land Development Code. iii 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 the Sonoma Oaks MPUD. 1.2 LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT -OF -WAY (PARCEL 3). 1.3 PROPERTY OWNERSHIP The subject property is owned by: Parcels 1 and 2 are owned by: CDN Properties, LLC, 711 Fifth Avenue South, Suite 209, Naples, Florida 34103. Parcel 3 is owned by: Richard D. and Frances A. Craig, P.O. Box 899, Edwards, Colorado 81632. I -1 1.4 DEVELOPER The Sonoma Oaks MPUD property is intended to be developed by the applicants. All reference to the "Developer" as may be contained in this MPUD Document shall mean the applicants, unless, and until the subject property described and depicted in this MPUD Document is conveyed, or assigned. It is the responsibility of the Developer to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this MPUD Document within six months from the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the west side of Collier Boulevard, approximately' /4 mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east (unincorporated) Collier County, Florida. The zoning classification of the subject property prior to the date of the approved PUD was "A," Rural Agricultural. The co- applicants have demonstrated unified control of the subject property with the submission of an affidavit of unified ownership. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin, according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the Mission Hills PUD water management system. The discharge point from the Mission Hills PUD is the existing swale, located along the northern side of Vanderbilt Beach Road. Natural ground elevation typically varies from 12.9 to 13.5 NGVD; average site elevation is 13.2 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment will be accomplished by an on -site lake system prior to discharge into the Mission Hills PUD stormwater management system. The water management system will be permitted by the South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre- treatment, and wetland hydrology maintenance. I -2 Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is #2 — Holopaw Fine Sand, Limestone Substratum. The subject property is mostly cleared. The remaining vegetation consists predominantly of pine flatwoods and woodlands with a mix of different vegetation types. 1.7 PROJECT DESCRIPTION The Sonoma Oaks MPUD shall be a mixed -use development. The eastern 9.38± acres of the property, shall allow for a variety of office and low intensity commercial uses. The remainder of the property shall be developed as a residential community. The developer will provide a public road that will interconnect Wolfe and Loop Roads and separate the Commercial and residential components of the MPUD. Access to the property will be provided via a right in along Collier Boulevard, and a full- access opening along Wolfe and two access points along Loop Road. The Commercial uses and signage will be designed to be harmonious with one another and will be compatible with adjacent and nearby land uses. In addition to compliance with all applicable provisions of the LDC, except where deviations are authorized, compatibility and harmony will be achieved by using common architectural elements and common entryway signage and landscape design themes. The Sonoma Oaks MPUD will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Sonoma Oaks Mixed -Use Planned Unit Development Ordinance ". I -3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this section is to generally describe the project plan of development, relationships to applicable County Ordinances, the respective land use tracts within the Sonoma Oaks MPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Sonoma Oaks MPUD shall be in accordance with the contents of this document, the PUD- Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Sonoma Oaks MPUD shall become part of the regulations that govern the manner in which the MPUD site may be developed. D. Unless modified, waived, or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00, Adequate Public Facilities, at the earliest or next -to -occur of either Site Development Plan approval, Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is graphically illustrated by Exhibit "A," MPUD Master Plan. There shall be three land tracts, portions of which may include water management lakes or facilities, and private rights -of -way. A breakdown of the Sonoma Oaks MPUD land use tracts and their respective acreages is presented in Table I. II -1 2.4 2.5 TABLE I PROJECT LAND USE TRACTS .38± (excluding ac. for ROW TRACT "C" COMMERCIAL reservation) 12.41± (excluding ac. for ROW TRACT "R" RESIDENTIAL reservation and lake) TRACT "P" PRESERVE 5.32 ±* *Remaining 0.39 acres of required preserve will be provided at first of SDP or Plat approval. B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Plat or Site Development Plan approval, subject to the provisions of Sub - Section 10.02.05 C. and Section 10.02.12, respectively, of the LDC, or as otherwise permitted by this MPUD document. C. In addition to the various areas and specific items shown on Exhibit "A," such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY& INTENSITY A maximum of 112 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial /office development is approximately 28.13 acres. The gross project density, therefore, will be a maximum of 4 dwelling units per acre. The Commercial Tract will be limited to 9.38± acres, and the maximum development intensity shall be limited to a maximum of 120,000 square feet of commercial uses as set forth in Section 4.2 of this MPUD. PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the MPUD, final plans of all required improvements shall receive approval from the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan and the LDC. B. Exhibit "A," MPUD Master Plan, constitutes the required MPUD Development Plan. Any division of property and development of the land shall be in compliance with Sections 10.02.03 & 10.02.05 of the Collier County LDC, and the platting laws of the State of Florida. II -2 C. The provisions of Section 10.02.03 of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. In the case of zero lot line units and development tracts using the 4 and 8 -foot setback option, at the time of subdivision plat for each tract, a lot layout depicting minimum yard setbacks and building footprint shall be submitted. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance or MPUD Master Plan, Exhibit "A," as provided for in Section 10.02.13. of the LDC. Minor changes and refinements, as described in Section 6.3.C. of this MPUD document, may be made in connection with any type of development or permit application required by the LDC. 2.7 COMMON AREA MAINTENANCE Should tracts or parcels be created with ownership and maintenance responsibility common to all owners of property within this MPUD, appropriate legal instruments shall be provided for the establishment of a Property Owners Association. The functions of the Property Owners Association shall include provisions for the perpetual care and maintenance of all common areas and facilities, including open space and native preservation areas, subject to the provisions of LDC Section 2.2.20.3.8. set forth as follows: "Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan or development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If II -3 2.8 2.9 deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the development services director shall call upon any public or private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties." This Section of the original codification of the LDC was unintentionally omitted from the re- codified LDC, and is intended to be added, but is nonetheless still presently effective. MODEL, SALES /RENTAL AND CONSTRUCTION OPERATION FACILITIES A. Models, sales /rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Sonoma Oaks MPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the Collier County Land Development Code. Temporary Use Permits for sales centers and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. B. Temporary uses for sales centers may be serviced by temporary well and septic systems. CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans and final subdivision plat to depict the location of the clubhouse and related facilities within a future platted tract. The approval of the clubhouse SDP is not dependant on final plat approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. II -4 2.10 EXISTING STRUCTURES The existing principal structures within the MPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.8 of this MPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but shall not be expanded in size. 2.11 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 30% of the entire MPUD (excluding R.O.W reserved for Wolfe Road and Collier Boulevard). The MPUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Chapter 4.02.01 (B) of the LDC for mixed -use developments. 2.12 RIGHTS -OF -WAY At the discretion of the developer, the minimum right -of -way width to be utilized for all project streets may be fifty feet (50'). Deviation 1 from LDC Section 6.06.01(0) (Section III of the proposed Construction Standards Manual intended to be adopted as part of the County's Administrative Code) that requires right of way for local roads to be a least sixty feet (60'). Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sonoma Oaks MPUD except in the Preserve Area. General permitted uses are those uses that generally serve the Developer, owners, and tenants of the Sonoma Oaks MPUD and are typically part of the common infrastructure. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.01.03. 2. Water management facilities and related structures. 3. Irrigation treatment and distribution facilities. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. II -5 � 1 6. Temporary construction, sales, and administrative offices for the Developer and Developer's 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 Section 2.19 of this MPUD. 2.14 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or B. Redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.03.06. C. The Sonoma Oaks MPUD is a planned mixed -use development and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for the commercial uses and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, pavement treatments, roadway medians, fences, walls, buffers, berms, and other similar facilities. The MPUD will comply with all applicable provisions of LDC Chapter 5, unless a deviation from these standards is authorized as a condition of a subsequent development order. II -6 • 1 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the MPUD Master Plan, Exhibit "A ". Infrastructure, perimeter land use buffers, signage, as well as project recreational /social facilities will occur within this Tract "R ". The residential portion of this PUD will not be developed or operated as a rental community. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the MPUD shall be established at the time of development plan review, but shall not exceed 112 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single - family attached dwellings (including townhouses intended for fee simple conveyance) 2. Zero lot line dwellings 3. Single - family detached dwellings 4. Two - family dwellings 5. Multiple - family dwelling 6. Patio homes (as defined in footnote 1, Table II of this section) B. Accessory Uses: Customary accessory uses and structures including, but not limited to clubhouses, private garages, swimming pools with, or without screened enclosures, tennis courts, tot lots, playgrounds and other outdoor recreation facilities, along with the following: Model Homes (See Section 2.8 of this MPUD Document). III -1 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Section 4.03.01 of the Collier County Land Development Code in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE- TWO- FAMILY, SINGLE- FAMILY PATIO "' & CLUBHOUSE/ FAMILY ATTACHED & ZERO LOT MULTI RECREATION DETACHED TOWNHOUSE LINE FAMILY BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 2,250 S.F. 10,000 S.F. 10,000 S.F. PER UNIT PER UNIT PER UNIT MINIMUM LOT WIDTH 35 FEET 20 FEET 35 FEET 100 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F/D.U. N/A MIN FRONT YARDS 15 FEET 15 FEET 15 FEET 15 FEET N/A MIN SIDE YARD 6 FEET 0 FEET or 0 FEET or 15 FEET N/A 6 FEET 6 FEET MIN REAR YARD 15 FEET 15 FEET 15 FEET 20 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET 15 FEET or N/A '/z BH, WHICIHEVER IS GREATER MAX. BLDG. HT. a 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET ACCESSORY STRUCTURES FRONT S 10 FEET 10 FEET 10 FEET 10 FEET 20 FEET SIDE 5 FEET 5 FEET 5 FEET 5 FEET %2 BH REAR 5 FEET 5 FEET 5 FEET6 5 FEET6 10 FEET6 PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX. BLDG. HT. a 2 STORIES 2 STORIES 2 STORIES 3 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET 45 FEET 45 FEET III -2 BH: Building Height Notes: Front yards shall be measured as follows: If the parcel is .served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (f not curbed). 1) A Patio Home is a detached or semi - detached single-family unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 2) Setback may be either zero feet (0) on one side and six feet (6) on the other side in order to provide a minimum .separation between principal structures of twelve feet (12 ). Alternatively, if the zero foot (0 ) setback option is not utilized, then the minimum setback shall not be less than four feet (4 ) and the combined setback between principal structures shall be at least twelve feet (12 ). At the time of subdivision plat for each tract, a lot layout depicting minimum yard .setbacks and building footprint .shall be submitted. 3) Setback from preserve areas shall be twenty -five feet (25 ) for principal structures and ten feet (10 ) for accessory .structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. 4) Building height is measured as set forth in LDC Section 1. 08.02 Definitions `zoned height of building. " 5) Front loading garages shall have a minimum front yard setback twenty -three feet (23 ), as measured from the back of sidewalk. Side loaded garages maybe located less than twenty -five feet (23 )feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. These provisions apply to a garage whether attached or detached to the principal structure. 6) Setback from lake easements for all accessory uses and structures maybe zero feet (0 ). 7) No structure, other than those permitted within the LDC to be located within a required landscape buffer tract or easement, shall encroach into a required landscape buffer tract or easement. 8) Actual Height, as defined in the LDC, shall not exceed 40 feet for single -family attached, single -family detached, two family attached and zero lot line development, or 45 feet for multi family and clubhouse development. III -3 SECTION IV COMMERCIAL TRACT (C) 4.1 PURPOSE mo� The purpose of this Section is to set forth the development plan for areas designated as Tract "C," Commercial on Exhibit "A," MPUD Master Plan. The general function and purpose of this tract is to provide the opportunity for diverse types of commercial activities that deliver goods and services, including entertainment and recreational attractions, to many segments of the population. 4.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 9.38± acre Commercial (Tract "C "), shall not be developed with more than 120,000 square feet of commercial /office uses, and in no case shall a retail use or uses, or an office use be permitted if the trip generation rate for said use or uses exceeds the trip generation rate for Land Use Code (LUC) 820 Shopping Center or LUC 710 General Office, respectively, as set forth in the Institute of Transportation Engineers (ITE) Report in effect at time of SDP review. 4.3 PERMITTED USES 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': 5231 — Paint Glass, and Wallpaper Stores; 2. 5331 — Variety Stores 3. 5399 — Miscellaneous General Merchandise Store 4. 5441 — Candy, Nut and Confectionary Stores 5. 5451 — Dairy Product Stores 6. 5499 — Miscellaneous Food Stores 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. IV -1 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Industry Group 571, 572 and 573 in the Standard Industrial Classification Manual. 9. 5812 — Eating Places, except that a maximum of one free standing fast food restaurant, as defined in the LDC, shall be permitted, not to exceed 5,000 square feet of gross leasable floor area. 10. 5912 — Drug Stores and Proprietary Stores 11. 5941 — Sporting Goods and Bicycle Shops 12. 5942 — Book Stores 13. 5943 — Stationary Stores 14. 5944 — Jewelry Stores 15. 5945 — Camera and Photographic Supply Store 16. 5947 — Gift, Novelty and Souvenir Shops 17. 5943 — Luggage and Leatherworks Store 18. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 19. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 722 — Photographic Portrait studios b. 723 — Beauty Shops C. 724 — Barber Shops d. 725 — Shoe Repair Shops and Shoeshine Parlors e. 729 — Miscellaneous Personal Services, only including 7291 Tax Return Preparation Services, and 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 20. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Industry Number 7384, Photofinishing Laboratories. W -2 21. Establishments engaged in miscellaneous repair services, only including Industry Numbers 7631 — Watch, Clock, and Jewelry Repair and 7699 — Repair Shops and Related Services, Not Elsewhere Classified. 22. 7841 — Video Tape Rental. 23. 7991 — Physical Fitness Facilities 24. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Industry Groups: a. 801 — Offices and Clinics of Doctors of Medicine; b. 802 — Offices and Clinics of Dentists; C. 803 — Offices and Clinics of Doctors of Osteopathy; d. 804 — Offices and Clinics of Other Health Practitioners. 25. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 26. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 27. Establishment operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 — Engineering Services b. 8712 — Architectural Services C. 8713 — Surveying Services d. 8721 — Accounting, Auditing and Bookkeeping Services e. 8741 — Management Services f. 8742 — Management Consulting Services g. 8743 — Public Relations Services h. 8748 — Business Consulting Services. 28. Any other Permitted use set forth in the LDC in the C -3 district, except 5411 free standing Grocery Stores only, and 5813 Drinking Places. Conditional Use 1. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). IV -3 C. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Document. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 3. One caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Table III below sets forth the development standards for land uses within the Sonoma Oaks MPUD Commercial Tract. Standards not specified herein shall be those specified in applicable sections of the LDC in effect in effect at the time of site development plan or subdivision plat review and approval. B. Architectural Uniformity: Development within the Commercial Tract of this MPUD shall have a common architectural theme for all structures. Guidance for the commonality of architecture may be derived from Section 5.05.08 of the LDC, or may be unique to the MPUD, in conformance with the applicable guidelines and standards of Section 5.05.08 of the LDC, unless an exception, waiver, or variance from those guidelines or standards is granted. IV -4 TABLE III COMMERCIAL DEVELOPMENT STANDARDS MINIMUM LOT AREA 10,000 sq. ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS External From Wolfe Road 25 ft. SPS From Future Collier Blvd. 25 ft. SPS From Loop Road 25 ft. SPS MINIMUM YARDS Internal Internal Drives/ROW 15 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes 25 ft. 10 ft. Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 10 ft. or 1/2 the sum of building heights* 10 ft. MAXIMUM HEIGHT * ** Retail Buildings 1 story and 42 ft. 42 ft. Office Buildings 3 stories and 42 ft. 42 ft. MINIMUM FLOOR AREA 1,000 sq. ft. ** N/A MAXIMUM GROSS LEASABLE AREA 120,000 sq. ft. N/A * whichever is greater ** per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of twenty -five (25) square feet and are not subject to setback requirements set forth above. * ** Actual Height as Defined in the LDC shall not Exceed 50 feet. C. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, where such lighting is located within two hundred (200) feet of any residential property. Said lighting shall be shielded where necessary to prevent glare onto adjacent residential property. IV -5 SECTION V PRESERVE AREA 5.1 PURPOSE X -2 The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," MPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 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, subject to the issuance of regional, State and Federal permits, when required: A. Principal Uses: 1. Open spaces/Nature preserves. B. Accessory Uses: 1. Water management structures. 2. Mitigation areas. 3. Footpaths and boardwalks, provided any clearing required to facilitate these uses does not impact the minimum required vegetation. V -1 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE • The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Site Development Plans, Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section 4.02.00 of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 6.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A," MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sonoma Oaks MPUD Master Plan upon written request of the Developer. VI -1 1. The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the GMP, and the Sonoma Oaks MPUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13 of the LDC. C. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the MPUD boundaries. 2. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.1 of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area below the amount required in this MPUD document. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County. C. Internal realignment of roadways and interconnection to off -site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the MPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of MPUD tract boundaries when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. 00 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This MPUD is subject to the Sunset Provisions of Section 10.02.13 of the LDC. B. An annual MPUD monitoring report shall be submitted pursuant to Section 10.02.13 of the LDC and be in the form of an affidavit by the property owner or designated agent. 6.5 TRANSPORTATION The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with the 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) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan, at the discretion of the developer; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site - related improvements (as apposed to system- related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO of that phase. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Section 6.02.01 of the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. VI -3 G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. 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, except for the reverse connector road between Wolfe and Loop Roads that may be dedicated to the County. J. If any required turn lane improvement requires the use of existing County right -of- way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. 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 fair share cost of such improvement shall be borne by the developer. L. The applicant has agreed to convey right -of -way for Collier Boulevard and Wolfe Road: (1) Collier Boulevard - a strip of land 65 feet in width and running the entire length of the property's frontage on Collier Boulevard; and (2) Wolfe Road — a strip of land 80 feet in width and 540 feet in length along the projects Wolfe Road Frontage. M. No Certificates of Occupancy shall be granted for improvements within this PUD prior to October 1, 2007, with the exception of certificates of occupancy for construction trailers and a sales facility. 6.6 WATER MANAGEMENT The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: VI -4 A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the LDC and SFWMD Rules. C. The project developer must obtain an ERP or Early Work Permit from the SFWMD prior to Site Development Plan approval. 6.7 UTILITIES The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 01 -057, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The Developer will provide Collier County with an easement or fee simple title for a parcel of land generally located in the southeast quadrant of the site for a well and pump- house. The size of the well and pump -house parcel shall be the minimum necessary to accommodate these improvements and shall not exceed 10,000 square feet. The precise location shall be determined at the time of first site development plan or subdivision plat approval. It shall be the responsibility of Collier County to design and construct the pump- house, fencing, signage, and lighting, and any other site improvements so as to conform to, and be harmonious with, the architecture of the commercial or residential site location, depending upon the final site location. 6.8 ENVIRONMENTAL The development of this MPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida ERP Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI -5 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF &WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. 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 plants (in perpetuity) shall be the responsibility of the property owner. D. The MPUD shall be consistent with the environmental sections of the GMP, Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. E. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Plat /Construction Plan approval. 6.9 ADDITIONAL DEVELOPMENT COMMITMENTS A. Developer shall make a payment of one thousand dollars ($1000), at the time of the first and each subsequent closing on the sale of each dwelling unit constructed on the PUD property, to the Empowerment Alliance of Southwest Florida Community Development Corporation. This commitment and the subsequent payments may be credited against any subsequently adopted affordable, work force, and/or other gap housing or housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other similar tax or charge which would otherwise be applicable to the PUD property, as may be so contemplated and provided for by such subsequently adopted provisions. 1; ly N IZ I= / �C I I I Z � O I Qo \ Z CO c c =F A \ C N I In I Z I �F 1 � 1 Z 5 B g Q c l I fi d ff- m w n ° C A 2 A O � E3 V ` O r`O L\ O b OPT 8 F1�`a�s Nq N UN > $x ya I1 :1'3'' s {§ 9 Fn �Rz H iEu� 1�LG ugy+R QimRi f, S M I I MR 5,4 nil OR OR R aAgs aP = ^gym N 1u a r n Nil UP � Nmm N EXHIBIT "A " F 7 CDNPROPERTS RICHARD AND FRANCIS CRAIG SO NOMA OAKS MPUD r_ r (_UIV SU j m N ' F.n 'neers, S —evora & Mappers V1PL D MASTER PLAN Z �. • t 1 Planners, Projecr Managers PP "'V y CONCEPT A EXHIBIT B LEGAL DESCRIPTION THE SUBJECT PROPERTY BEING 37.5± ACRES, IS COMPRISED OF 3 ADJOINING PARCELS THAT ARE LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND IS FULLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT -OF -WAY (PARCEL 1). THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET PREVIOUSLY DEEDED FOR STATE HIGHWAY RIGHT - OF -WAY (PARCEL 2). THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO EXISTING RESTRICTIONS AND RESERVATIONS OF RECORD; AND EXCEPTING THE EAST 100 FEET THEREOF PREVIOUSLY CONVEYED FOR HIGHWAY RIGHT -OF -WAY (PARCEL 3). STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -61 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of November, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board,;Qf;, County Commissidners -' &t)AbA By: Ann Jenne j'ohrP, Deputy Clem, •.n.... "�e. emu November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, 3 �i� j November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, �'1 G.�Y1 /g • � l In S l Y� S—/ C ..!— ✓1 G 3 V C' Cam% A/i�-Pl -eS FL 3Y11 � 8 A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, Jcnni 4 !r Fc i ns-L i,-\ 5105 In act c._a_ Wad Maples , F L. 3zfi I � C ll - i's 8 A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, 8 V' November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, c , 8 A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, �� WA �t / -41 �� ll-tS-OS 8 A `NY1 November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, � �F�yuv- eseY '8 A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, ,,.170t7 T/9 co" I I -t5 - U5 8A , November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, Go ��- Nlales�� -� C r:� [ 1-(S-045 roln, AM November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely; CR L 067 November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Island Walk, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, OCT -21 -2005 Oe:20A FROM: FROM :THE VINTAGEGROUP FAX NO. :239 659 6071 October 20, 2005 Board of County Commissioners Collier County Government Centex 3301 East Tamiarni Trai l Naples, FL 34112 Re: Sonoma Oaks PUD Dear Conunimioners: TO:6596071 P:1/1 Oct. 20 2005 05 :57PM P2 C t2 l8 -A`5 X am writing on behalf of St Agnes Church and the Parish of St John the Evangelist to ask that you support the approval of this Sonoma Oaks PUD at your meeting on October 25, 2005. Father Tom (Mackin, the Pastor. A St. John, and I are familiar with Sonoma Oaks and believe it will be an outstanding addition to our community. Sonoma Oaks is a fine example of the responsible planning and development that can be attained throuth a collaborative effort. 1.'his proiect offers a superb residential, office and retail mixed use community in conjunction with the type of roadway interconnectivity that will be an anhancentant to the area. As a result, we feel that this project will benefit the parishioners of St. Agnes and the local community. Thank you for your consideration. Vety truly yours, Arthur K�me 10/29/2005 23:39 239 -353 -1645 WATERWAYS PAGE 02/02 ii" B A WATERWAYS HOMES WATERWAYS JOINT VENTURE IV 15122 Summit Place Circle Naples, Florida 34119 Telephone: 239 352 -6610 Facsimile: 239 352 -0093 October 31, 2005 Board of County Commissioners Collier County Government Center 3301, East Tamiami Trail Naples, Florida 34112 Re: Sonoma Oaks Dear Commissioners: We are writing you in support of the Sonoma Oaks project pending Commission action next month. As professional developers, we applaud the e�'ort5 the Sonoma Oaks developer to design a mixed use project that has both excellent interconnectivity with adjacent projects and is sensitive to surrounding developments, assuring initial and longer -terns. compatibility with its residential neighbors. We are sure all of our Summit Place owners will consider the Sonoma Oaks project a welcome addition to our neighborhood. We ask that you consider voting in favor of the Sonoma Oaks project as proposed. Very truly yours, Richard avenport Pri ncipa. November 1, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on November 15, 2005. As a resident of _5ATUr2WA Lakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to help alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, 6 SA A October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on October 25, 2005. As a resident of Heritage Greens, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, lJ� ' CYZ ll-lS-c�S 8A October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on October 25, 2005. As a resident of Heritage Greens, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. r / Sincere 7' C'R [t -(13 -0 October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on October 25, 2005. As a resident of Heritage Greens, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, C12, t1-�S -oL • October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on October 25, 2005. As a resident of Heritage Greens, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, 1 I) aq 0a C(� L 09 • November 1, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on November 15, 2005. As a resident of Saturnia Lakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to help alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, n U F�lR62orlt��Z 3y I!% Zit /�7 C-5 i %7C,4-,Ir D/' 2t 1�G� wC, LF Ce- CUK PO Ci-� L 1-t5-03 October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: J , (0')dW) o 16_ > I am writing to ask that you`/ pport the approval of the Sonoma Oaks PUD at your meeting on - OctiotSeT 7! ; 2005. As a resident of Saturnia Lakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. t Sincerely, �f Cf2,, [ l-tL3 -05 o • October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on October 25, 2005. As a resident of Saturnia Lakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, ((__� ( ► - k I�i_ 0115 November 1, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on November 15, 2005. As a resident of SATU2 &)'tALakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to help alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should approved by the County Commissioners. �in er ly, , � 31-11 �F November 1, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on November 15, 2005. As a resident of iTUII IAs fakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to help alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, `t1 �1(�c,�1r�r1 8A November 1, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL,34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on November 15, 2005. As a resident of jAT1.(l11'1lALakes, I believe that Sonoma Oaks will enhance this area by providing a valuable road to help alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, ell C(� l I-IS-O October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks PUD at your meeting on October 25, 2005. As a resident of Heritage Greens, I believe that Sonoma Oaks will enhance this area by providing a valuable road to alleviate traffic in the area and some much - needed commercial development, including possible restaurants. Sonoma Oaks will be a benefit to everyone living in the area and should be approved by the County Commissioners. Sincerely, i`913�i2C�,r.�,, llal�� CC� �3�ir/ 0(."\ t hl�- o13 October 20, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioners: As a resident of Heritage Greens, I would like to urge you to approve the pending Sonoma Oaks development at your meeting on October 25, 2005. I am familiar with the Sonoma Oaks project and I believe it will be a benefit to our community, opening up the roads and, possibly, bringing some office /retail businesses to the area. Sincerely, NAPLES OFFICE MESSENGER REQUEST FORM — 2005 DATE AND TIME OF REQUEST: MONDAY NOVEMBER 7 2005 JOB NEEDS TO BE COMPLETED BY (DATE/TIME): MONDAY, NOVEMBER 7, 2005 REQUESTED BY: R. Bruce Anderson/Carol Agan PICK UP - OR- DELIVERY X TO: Collier County Board of County Commissioners 3301 Tamiami trail East Administration Building, 4`h Floor Naples, FL 34112 INSTRUCTIONS: IS CLIENT TO BE CHARGED? YES X NO CLIENT/MATTER NUMBER: Nagel Craig 50% each 103453.0002, 100510.0040 CLIENT/MATTER NAME: RECEIPT REQUESTED: YES _ NO o - v, z ****************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** (TO BE COMPLETED BY MESSENGER) Price to be charged to client: Courthouse $ 6.00 Naples, North $6.00+ miles Naples, East $10.00+ miles Additional charges: Copying Faxing Filing Delivery Completed: Date: Time: Initials: Received by: _ 482276.1.000000.0000 Marco Island Bonita Springs Fort Myers TOTAL CHARGE: $ $15.00+ miles $15.00+ miles $25.00+ miles /65 ROBERT B. TOBER, M.D. 2240 Southwinds Drive Naples, FL 34102 November 7, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks PUD Dear Commissioners: As Medical Director of the Collier County EMS, I am writing to urge your support of the Sonoma Oaks PUD. This PUD provides an important road, connecting Wolfe Road, and the new Golden Gate Fire Station, to the Mission Hills Shopping Center at the intersection of Vanderbilt Beach Road and Collier Boulevard. This road will provide Fire Department and other emergency vehicles with an alternate response route from the Fire Station, south to Vanderbilt Beach Road. An alternate route for emergency vehicles can increase critical response time, particularly during peak traffic hours. Alternate routes providing access to shopping centers and busy intersections, where incidents requiring emergency response often occur, are even more important. The connecting road from Wolfe Road to Mission Hills would be an invaluable option to an emergency vehicle responding from the north of the intersection or the shopping center. Please note that I am writing this letter of support for the proposed PUD without having any direct or indirect financial interest in the project, or without prospect of personal benefit therefrom. Very truly yours, Robert B. Tober, D., Medical Director Collier County EMS GOLDEN GATE A � REr November 14, 2005 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Sonoma Oaks PUD Dear Commissioners, 4741 GOLDEN GATE PARKWAY • NAPLES, FLORIDA 34116 -6901 (239) 348 -7540 • FAX (239) 348 -7546 The approval of the Sonoma Oaks PUD will provide valuable emergency access routes in the Collier/ Vanderbilt corridor for our new Golden Gate Fire Station 73. An internal road that runs parallel to Collier Boulevard, connecting station 73 to the Mission Hills Loop Road, and the extension of Wolf Road to the West will provide alternative routes for emergency vehicles dispatched to calls south and west of the station. Considering the already heavy traffic on 951, this is an important option to access the shopping center and residential communities to the south and west such as Island Walk, Logan Woods and others. In conclusion, the interconnecting proposed roadways associated with Sonoma Oaks connecting Wolf road and Mission Hills would be a big benefit to the delivery of all emergency services. Thank you for your consideration of this matter. Sincerely, Q Donald R. Peterson Fire Chief 13 cc L� November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, CQ l H5 -bS' 18 A '4 November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, CR - 11-15-OS t8A -11 November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, ��,/A 18 A +,r November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, hope that you wil e in favor of this project. Sincerely, //tee , working and shopping in the area and I CR L 1-- IS --0 t8A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, C R t I-tS-0` November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much- needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, CR 8A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, CA Ct2 l NS-OS gp November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much- needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, r C�2 - t HIS _t. • November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much - needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will vote in favor of this project. Sincerely, '� C� 8A November 2, 2005 Board of County Commissioners Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Re: Sonoma Oaks Dear Commissioners: I am writing to ask that you support the approval of the Sonoma Oaks project at your mid - November meeting. As a resident of Golden Gate Estates, I believe that Sonoma Oaks will enhance the area by providing much- needed commercial development which may include office & medical space, restaurants and retail shops. In addition, the project has roadways that endow interconnection between neighborhoods, which will help alleviate traffic & congestion in the area. Sonoma Oaks will be a benefit to everyone living, working and shopping in the area and I hope that you will v to in favor of this project. Sincerely, 1/1_� � 4-s COLLIER COUNTY FLORIDA B REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Plannin Person: Carolina Valera Date: 14A - OS Petition No. (If none, give brief description): PUDEX- 2005 -AR -7832, Sierra Meadows Petitioner: (Name & Address): Banks Engineering, Inc., David Underhill, 6640 Willow Park Drive, Suite B, Naples, Fl. 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hammock Woods, LLC & Cambr Co., Inc., 42 Barkley Circle, Suite 3, Ft. Myers, Fl. 33907; Hammock Woods, LLC & Cambr Co., Inc., 410 Ocean Ave., Lynbrook, NY 11563 Hearing before BCC BZA Other Requested Hearing date: 1 fl ( � ) 0 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: PUDEX- 2005 -AR -7832, Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2 -year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest corner of Rattlesnake - Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: Department Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received "� U) Date of Public hearing: Lb —11 —()5 Date Advertised: RESOLUTION NO. 05 — A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 99 -91 KNOWN AS SIERRA MEADOWS PUD, EXTENDING THE CURRENT PUD APPROVAL TO DECEMBER 14, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sierra Meadows PUD, Ordinance Number 99 -91 adopted on December 14, 1999, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts, together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for 2 years until December 14, 2007; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to December 14, 2007; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to Form and Legal Sufficiency: MarjcQie M. Student- Stirling Assistant County Attorney FRED W. COYLE, CHAIRMAN r • r September 19, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDEX- 2005 -AR -7832, Sierra Meadows Dear Legals: Please advertise the above referenced notice on Sunday, September 25, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold Deputy Clerk P.O. /Account # 113 - 138312 - 649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 11, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition PUDEX- 2005 -AR -7832, Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2 -year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest corner of Rattlesnake - Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) =of-Calllher CLERK CIRCIUIT COURT Dwight E. Brock COLLIER COUNTY CiOURTPtOUSE Clerk of Courts g 3301 TAMIAMI T II: EA1;T Clerk of Courts . P.O. BOX 4f< 044 Accountant NAPLES, FLORIDA13101 -30}4 Auditor ir. Custodian of County Funds l September 19, 2005 David Underhill Banks Engineering, Inc. 6640 Willow Park Drive Suite B Naples, Florida 34109 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7832, Sierra Meadows Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 11, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 25, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BR K, CLERK jeidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (a)clerk.collier.fl.us Caunry-efCollier 8 B CLERK OF THt CIRCUIT COURT Dwight E. Brock Clerk of Courts September 19, 2005 COLLIER COUNTY qOURT4OUSE 3301 TAMIAMI TRAIL EAT . P.O. BOX 41;044 NAPLES, FLORIDA`3j101 -3044 Hammock Woods, LLC & Cambr Co., Inc. 42 Barkley Circle Suite 3 Ft. Myers, Florida 33907 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7832, Sierra Meadows Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 11, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 25, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRO K, CLERK p. eidiRockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (& clerk. coilier.fl.us aunty -of- C611her CLERK OF THE Ctf Dwight E. Brock COLLIER COUNTY g 3301 TAMIAMI Clerk of Courts P.O. BOX 4 NAPLES, FLORIDA September 19, 2005 Hammock Woods, LLC & Cambr Co. Inc. 410 Ocean Avenue Lynbrook, NY 11563 Lr� 016 �211 'UIT COURT IRT1'OUSE Clerk of Courts L EA T 4 Accountant 101 -3(x}4 Auditor Custodian of County Funds r Re: Notice of Public Hearing to Consider Petition PUDEX - 2005 -AR -7832, Sierra Meadows Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 11, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 25, 2005. You are invited to attend this public hearing. Sincerely, DW GHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkC &clerk.collier.fl.us • r r Heidi R. Rockhold From: Heidi R. Rockhold Sent: Monday, September 19, 2005 1:06 PM To: 'legals @napiesnews.com' Subject: PUDEX- 2005 -AR -7832, Sierra Meadows Attachments: PUDEX- 2005- AR- 7832.doc; PUDEX- 2005- AR- 7832.doc Legals, Please advertise the above mentioned notice on Sunday, September 25, 2005. PU DEX- 2005 -AR -78 PU D EX- 2005 -AR -78 32.doc (29 KB)... 32.doc (29 KB)... If you have any questions, please call. Thank you, Heidi R. Rockhold, A1inutes and Records Department 239- 774 -8411 (heidi. rockholdgclerk. collierfl. us) Heidi Rockhold • Heidi R. Rockhold From: ClerkPostmaster Sent: Monday, September 19, 2005 1:06 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT1108948.txt; PUDEX- 2005 -AR -7832, Sierra Meadows E] LI ATT1108948.txt PUDEX- 2005 -AR -78 (231 B) 32, Sierra Mea... This is an automatically generated Delivery, Status Notification. Your rrressage has been .suc;ces.5f7dly rela'yed to the followin�7 recipients, but the requested deliver v status notifications may, not be genet -aced by the destination, le,ols( naplesnei +s.(..wtn Heidi Rockhold g 6 Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Monday, September 19, 2005 1:07 PM To: Heidi R. Rockhold Subject: Delivered: PUDEX- 2005 -AR -7832, Sierra Meadows Attachments: PUDEX- 2005 -AR -7832, Sierra Meadows LLJ PUDEX- 2005 -AR -78 32, Sierra Mea... ` <.PI rDEX- 2005 -AR -7832, Sierra Aferulov s» Your nnessage To: legals (a; naples neivs. com Subject: PUDEX 2005 -AR -783 2. Sierra Meadoivs Sent: Mon, 19 Sep 2005 13:05:53 -0400 tit -as delivered to the following recipient(s): leg -als on Mon, 19 Sep 2005 13:06.-51 -0400 Heidi Rockhold PUDEX- 2005 -AR -7832, Sierra Meadows Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, September 19, 2005 2:02 PM To: Heidi R. Rockhold Subject: RE: PUDEX- 2005 -AR -7832, Sierra Meadows OK - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold @clerk.collier.fl.us] Sent: Monday, September 19, 2005 1:06 PM To: legals @naplesnews.com Subject: PUDEX - 2005 -AR -7832, Sierra Meadows LegaIs, Page 1 of 1 g B I* Please advertise the above mentioned notice on Sunday, September 25, 2005. «PUDEX- 2005- AR- 7832.doc>> «PUDEX- 2005- AR- 7832.doc>> If you have any questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 - 84.1.1 (heidi.rockhold @ clerk.collier fl.us) 9/19/2005 Naples Daily News Naples, FL 34102 Affidavit of Publication B Naples Daily News ---------------------------------------------- ----- -- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59109411 PUDEX- 2005 -AR- 7832ND State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 09/25 AD SPACE: 106.000 INCH FILED ON: 09/26/05 Signature of Affiant�� Sworn to and Subscribed before me this day of 20(tE Personally known by me ,,0'/ Ceti sari iett'��shong y ,�� >� ^',4689 EXPIRES P H PUDEX -7832 PUBMWARING Notice is hereby given that the Board of County Tier Countynwpill hoildoa day ublic October IL on 2005 In the Boardroom, Ord Floor, Administration BuilclIM. Collier County Governrn n Center, 3301 East Tamlaml Trail, Naples, Floridal+ The meeting will begin at The Board will consider Petition PUDEX- 2005 -AR- 7832, Hammock Woods I.I.C. represented by Da- vid Underhill, P.E., of Banks Engineering, Inc., Is requesting a 2 -year extension of the Sierra Meadows PUD. The sub ect property, con- sist ng of 90.8 acres, Is located at the outh- west corner of �attle- snake - Hammock Road and Collier Boulevard, In Section 22, Township So South, Range 26 East, Collier County, Florkla. NOTE: All Persons wish - Ing to speak on any agenda Ite must r�s- t m er with the County Ad- ministrator prior to pre- sentation of the agenda Item to be addressed. Individual speakers will be limited to S minutes on any Item. The selec- tion of an Individual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chair, a spokesperson for a groupp a organization may be allotted 10 -min- Item to speak on an Persona wishing to szan a mmimum OT sev- en days prior to the public hearing. All ma- tedalused-in presenta- tions before the Board will become a perma- nent part of the record. Any person who decid- es to apppeal a decision of the Botlyd will need a record of the proceed - Inge pertaining thereto and therefore, may need to ensure that a verba- tim record of the pprro - ceedings is made which record includes i6e tes- throny and evidence upon which the appeal Is based. BOARD OF COUNTY' COMMISSIONERS FC,OOLLLLIIER COUNTY,, FRED W. COYLE. CHAIR-, DWIGHT E. BROCK,' CLERK By: Heidi R. Rockhold,' Deputy Clerk (SEEAAlLi3'L ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4a TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the c --- a a- ., t xn ..,. Wo the nhenkliet and forward to Sue Filson (line #5). exce tion of the Chairman's signature, draw a Ine mrou ruuutt t,.[Vb r. ".,. ,. . ��, ��••• • - -- -••- --• -- - - Office Initials Date Route to Addressee(s) a ro riate. (Initial) Applicable) List in routing order November 15, 2005 Agenda Item Number 8B 1. Sandra Lea, Executive Secretary CDES Type of Document Resolution Number of Original Sf 2. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 3. contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's G' � 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Carolina Valera, Principal Planner Phone Number 659 -5729 Contact a ro riate. (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 8B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached i1VQ9PV1TfT1nNC Rr. CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's G' � Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. zjjj 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 4 signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain f time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/15/05 and all changes made during Attorney's (, � the meeting have been incorporated in the attached document. The County Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 im b d MEMORANDUM Date: November 17, 2005 To: Carolina Valera, CDES Principal Planner From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -402 Enclosed please find one copy of the document, as referenced above, (Agenda Item #8B), approved by the Board of County Commissioners on November 15, 2005. If you should have any questions, please call 774 -8406. Thank you. Enclosure RESOLUTION NO. 05 — 4 0 2 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 99 -91 KNOWN AS SIERRA MEADOWS PUD, EXTENDING THE CURRENT PUD APPROVAL TO DECEMBER 14, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sierra Meadows PUD, Ordinance Number 99 -91 adopted on December 14, 1999, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts, together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for 2 years until December 14, 2007; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to December 14, 2007; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this 15 y of _ :i/ 1;f ✓ )//, 2005. _ da k Clerk Approved as to Form and Legal Sufficiency: Mar e A Student - Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. Lo FRED W. COYLE, CHAIRMAN COLLIER COUNTY FLORIDA 8 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XX : Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm. Dev.Serv. /Planning Person: Carolina Valera 1;; Date: g ' ' Petition No. (If none, give brief description): PUDZ -A- 2004 -AR -6092, Westport Commerce Center Petitioner: (Name & Address):Agnoli, Barber & Brundage, Inc., Fred Reischl, AICP, 7400 Tamiami Trail North, Suite 200, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Benderson Development Company, 8441 Cooper Creek Blvd., University Park, FL 34201 Hearing before BCC BZA Other Requested Hearing date: September 27 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ -A- 2004 -AR -6092, Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc, and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting a rezone from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MUPUD) for a project known as the Westport Commerce Center. Revise the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the "Accommodations District" land use, and increase the amount of preserve area. The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 97 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: k g 7)L-, o� Aepment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Q 2 dJ Date of Public hearing: Q Z'7 O Date Advertised: $ C 1 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) KNOWN AS WESTPORT COMMERCE CENTER MUPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THE COMMERCIAL/RETAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE "ACCOMMODATIONS" LAND USE SUBDISTRICT AND INCREASE THE AMOUNT OF PRESERVE AREA, FOR PROPERTY LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 97± ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 94 -56, THE EXISTING WESTPORT COMMERCE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Agnoli, Barber & Brundage, Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, representing Benderson Development Company, 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 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MUPUD) 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 2004 -41, the Collier County Land Development Code, is /are hereby amended accordingly. Words std' thfetigh are deleted; words underlined are added. Page 1 of 2 SECTION TWO: Ordinance Number 94 -56, known as the Westport Commerce Center PUD, adopted on October 18, 1994, by the Board of County Commissioners of Collier County is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Westport Commerce Center MUPUD Document attached hereto as Exhibit "A ". All other provisions of Ordinance Number 94 -56 shall remain in full force and effect. 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 ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student - Stirling Assistant County Attorney PUDZ -A- 2004 -A R- 6092/C V /sp 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Words str-ank tiffeugh are deleted; words underlined are added. Page 2 of 2 $ C J WESTPORT COMMERCE CENTER A PLANNED UNIT DEVELOPMENT 97.0± Acres Located in Section 3, Township 50 South, Range 26 East Collier County, Florida PREPARED FOR: ANDREW J. SALUAN, TRUSTEE AJS Realty Group, Inc. 3800 Airport Road North Naples, Florida 33942 WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples, FL 33942 AMENDED FOR: RONALD BENDERSON 1995 TRUST and WR -I ASSOCIATES 570 Delaware Avenue Buffalo, NY 14202 AMENDED BY: AGNOLI, BARBER & BRUNDAGE, INC. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 ROETZEL & ANDRESS, LPA 850 Park Shore Dr. Trianon Centre, 3rd Floor Naples, FL 34103 DATE FILED Januga 5, 1994 DATE REVIEWED BY CCPC 10 -6 -94 DATE APPROVED BY BCC 10 -18 -94 ORDIANCE NUMBER 94 -56 AMENDED 2005 EXHIBIT A 0 TABLE OF CONTENTS PAGE LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP & 1 -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III ZONE A - COMMERCIAL RETAIL 3 -1 SECTION IV ZONE B n rCnn,rMOD n T-10 c RESERVED 4 -1 SECTION V ZONE C - INDUSTRIAL 5 -1 SECTION VI RESERVE 6 -1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7 -1 9 8 C LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN (W 4]3 r.P, T,,, ire n Z 216A) EXHIBIT B AERIAL PHOT(lf'_I? A PH , LOCATION MAP (,<zrN4B P, !He File Ne RZ 16B) Is' EXHIBIT C FLUCCS AND SGIL MAP , lae. File No. ENV 124) Ex !"''ON E DTi i A i WATER M A N A f_EMENT PLAN /11Li��ft�_�.r.__L hie. Ne D7 716D m 8 � a STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Aiidfew j. S ty Ronald Benderson 1995 Trust and WR -I Associates, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 97.0 + acres of land located in Section 3, Township 50 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be WESTPORT COMMERCE CENTER ( WESTPORT). The development of WESTPORT will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted of the Growth Management Plan FLUE and other applicable regulation for the following reasons: The subject property is within the Urban - Commercial District/Activity Center Sub district and the Urban - Industrial District as identified on the Future Land Use Map as required in October 1, of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. 2. The subject property includes an Interchange Activity Center in which the land is zoned and designated Industrial. This site is a preferred location for the concentration of commercial and industrial land uses in a mixed -use development pursuant to the FLUE. 3. The FLUE allows for expansion of industrial uses adjacent to areas currently designated industrial, provided certain conditions are met regarding access, traffic circulation, and infrastructure provisions, which this project meets or exceeds. 4. WESTPORT is compatible with and complimentary to existing and future surrounding land uses as required in Policy 5.4 and under the Urban Industrial District of the FLUE. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, except as specifically set forth herein. The development of WESTPORT will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.h. and 1. of the FLUE. 7. WESTPORT is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. The project will be served by a complete range of services and utilities as approved by the County. SHORT TITLE This ordinance shall be known and cited as the " WESTPORT COMMERCE CENTER PUD DEVELOPMENT ORDINANCE" in 8 g f SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of WESTPORT, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is legally described as follows: PARCEL A A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more particularly described as follows: Commence at the East Quarter corner of said Section 3; thence S. 89° 20'05 "W., 100.04 feet along the South boundary of said Northeast Quarter to the West right -of -way line of County Road No. C -951, according to State Road Department Right -of -Way Map Section 03510 -2602, and the POINT OF BEGINNING; thence continue S. 89° 20'05 "W., 1201.06 feet to the Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.00° 29'21" E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter; thence N. 89° 42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.00° 29'21" E., 300.00 feet to the South right -of- way line of State Road No. 84 (Davis Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence S.89° 42'03" E., 600.00 feet along said right -of -way line; thence S. 000 29'21" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 89° 42'03" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right -of -way line of said County Road No. C -951; thence S. 00° 51'53" W., 1836.42 feet along said right -of -way line to the POINT OF BEGINNING. Containing 58.04 acres, more or less. PARCEL B A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of the East half of the West Half of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County, Florida, all being more particularly described as follows: g � . Commence at the East Quarter corner of said Section 3; thence S.89° 20'05" W., 1301.10 feet along the South boundary of said Northeast Quarter to the Southeast corner of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N. 000 29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N. 89° 42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N. 00° 29'21" E., 300.00 feet to the South right -of- way line of State Road No. 84 (David Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence N. 89° 42'03" W.,136.44 feet along said right -of -way line to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right -of -way line and curve through a central angle of 2° 11'07" (chord bears S. 89° 12'24" W., 122.96 feet) to the West boundary of the East Half of the West Half of the Northeast Quarter of said Section 3; thence S. 00° 18'13" W., 2765.15 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N. 890 20'05" E., 650.55 feet along said South boundary to the POINT OF BEGINNING. Containing 38.77 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the legal ownership of Aiidreu j. Salaam, tee, whose as 3900 Aifpei4 Readd oi4h, Naples, Fler}da ..942 Wal -Mart Stores East LP-, 1301 SE 10`1' Street; Bentonville AR 73716 and Ronald Benderson 1995 Trust and WR -I Associates; 570 Delaware Avenue, Buffalo, NY 14202 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3, Township 50 South, Range 26 East, and is generally bordered on the north by S.R. 84 and property zoned Industrial; on the east by C.R. 951; on the south by property zoned agricultural; and on the west by property zoned C -3 Commercial, RMF -12, Multi- Family Residential, and Agriculture. The location of the site is shown on Attachment 2 to the Application for Public Hearing. B. The zoning classification of the subject property prior to the date of PUD approval is I (Industrial), C -3 (Commercial Intermediate), RMF -12 (Residential Multi - Family) and A (Agricultural). C. Elevations within the site range from 9.6' to 11.2' above mean sea level with an average of approximately 10.5 feet. Per FEMA Firm Map Panel No. 120067 - 0415D, dated June 3, 1986, the WESTPORT property is located within zone "X ". Topographic mapping is shown on the Topographic Survey, Exhibit F. D. The soil types on the site generally include Pineda fine sand Limestone Substratum and Boca fine sand. Soil Conservation Service mapping of soil types is shown on the FLUCCS and Soils Map, Exhibit C. l -2 8 C i E. Vegetation on site primarily consists of pine flatwoods, willow, cypress wetlands and melaleuca dominated areas. Detailed vegetation mapping is shown on the FLUCCS and Soils Map, Exhibit C. F. The project site is located within the Lely Canal Basin as depicted within the Collier County Drainage Atlas (May 1990). The general surface drainage pattern flows in a northeast to southwest direction which eventually discharges into the Lely Canal. The Conceptual Surface Water Management Plan is shown on Exhibit D. 1 -3 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 8 C : The purpose of this Section is to generally describe the plan of development for WESTPORT, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES WESTPORT will include a mix of commercial, industrial, betel - -uses, stormwater management lakes, open spaces, and reserve areas. WESTPORT intends to establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features. The Master Plan is illustrated graphically on Exhibit "A ", PUD Master Plan "'� "`r,. B ine., File No. v Z 216). 6). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Aj4iele3 ,Di;ision 3.2, Seetieli 3-.2-7, Section 4.03.03 of the Collier County land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of WESTPORT shall be in accordance with the contents of this PUD Ordinance, applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) and Collier County Growth Management Plan which are in effect a the time of issuance of final development order. B. Unless otherwise defined herein, or as necessarily implied by context, 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 of issuance of the first development order which would involve said definitions as set forth in paragraph 2.3.A. C. Development permitted by the approval of this petition will be sub' ct to a concurrency review under the Adequate Public Facilities z Division 3.15 Section 10.02.07 of the Collier County Land velopment Code. J l" 2 -1 8 C 1 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the WESTPORT PUD Master Plan (Master Plan) are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (^ .bile 3, Division 3.2- Section 4.03.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 344 1.04.03. G. The Site Development Plans Division of the Collier County Land Development Code (Ai4iele 3, Division 3.3 Section 10.02.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. 10.02.03. 2.4 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions, subject to the provisions of Aftiele 2, Division 2.71 Section 27.3.5 10.02.13 of the Collier County Land Development Code. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer at the time of final subdivision plat approval. Developer shall create appropriate property owners associations(s) which will be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 10.02.04 of the Land Development Code. 2.5 PROJECT DENSITY The total acreage of the WESTPORT is approximately 97 acres. The commercial retail uses occupy approximately 2-5-.7- 39.3 acres with a maximum gross leasable floor area of 255,000 350,000 square feet. 2 -2 8 C The industrial uses occupy approximately 34-:5 8_0 acres with a maximum gross leasable floor area of 450,000 105,000 square feet. These described land uses are set forth on the PUD Master Plan, Exhibit A. 2.6 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this documents 2.7 EASEMENT FOR UTILITIES All necessary easements, 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. 2.8 LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of the Master Plan is 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. Fill material from lakes is planned to be utilized within the project; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off -site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Se^ T Article IV, Section 22 -_112. O� Ifu Coll i :4j, eov/ 4� 6ce-e c f G a,W s and 0 r(4- i (i a el as A. Setbac s: xcavations shall be located so that the top -of -bank of the excavation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval; 1. Twenty feet (20') from back of curb of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. 2. Fifty feet (50') from all PUD perimeter property lines. 2.9 OFF - STREET PARKING AND LOADING All off - street parking and loading facilities shall be designed in accordance with DivisieH 24 Section 4.05.01 of the Collier County Land Development Code. 2 -3 8 C 1 2.10 BUFFERS Minimum standards for buffers shall be in accordance with Division 2.4 r Section 4.06.01 of the Collier County Land Development Code in effect as the time final local development orders are requested, unless otherwise specified in this Section 2.10. All buffer setbacks shall be measured from platted lot boundaries. The following identifies the buffer according to land use type: A. External - 4- Buffer along SR84 (Davis Boulevard) and CR951 (Isle of Capri Road) is twenty feet (20'). �- Buffer adjacent to agricultural zoning is ten feet (10'). -3-: Buffer adjacent to RMF -12 zoning is fifteen feet (15') 4 Buffer adjacent to industrial zoning is fifteen feet (15') B. Internal Buffers on: i. Hotel An. --. °l• �ner. t tv a. h eemmnrninl par-eels 15' dj tite dust D. fiat �'. i' �' QQJRQGTfrC�'In�CTJGTPaZ'p'Rr-ee6 10' to intemal e. d. adjaeent right of way 0' „a: „t to int°, -nal Zeno B ° tier 1. par-eels Commercial Parcels: a. b. 4 0' adjaeent te hotel par-eel 10' adjacent to industrial parcel C. 10' adjacent to internal right-of-way d. 10' adjacent to internal Zone A parcels 2. -3- Industrial Parcels: .,.d;. to het °l a. b. 5' Bent paFeel 10' adjacent to commercial parcels C. 10'adjacent to internal right -of -way d. 10' adjacent to internal Zone C parcels C. The 15' wide landscape buffer adjacent to the internal right -of -way along the western property line shall contain a 6' high opaque fence or wall in addition to the required vegetation indicated in Section 2.4.�A 4.06.02 of the Collier County Land Development Code. 2 -4 8 C 1 2.11 SIGNS Minimum standards for signs shall be in accordance with Di=:-�� Section 5.06.01 of the Collier County Land Development code in effect at the time final local development orders are requested, unless otherwise specified in the Section 2.11. The following signs are permitted, per issuance of a building permit and subject to the below: Pole or Ground Signs - Single occupancy parcels, shopping centers, office complexes, or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted on (1) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet of more of grow leasable floor area will be permitted one (1) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. 1. Maximum allowable sign area — one hundred (100) square feet for each pole or ground signs, or a maximum combined area of one hundred twenty (120) square feet for two (2) ground signs, except for approved directory signs. 2. Setbacks — fifteen feet (15) from any property line, public or private right of way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. Maximum allowable height — twenty five feet (25). Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each sigh structure. Pole or ground signs may be place back to back, side by side, or in V -type construction with not more than on (1) display on each facing, and such sign structure shall be considered as on (1) sign. 5. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. 2.12 USE OF RIGHTS -OF -WAY Utilization of lands within all project right -of -way for landscaping decorative entrance ways and signage may be allowed subject to review and administrative approval by the Developer, and the Collier County Development Services Director for engineering and safety considerations, during the development review process and prior to any installations. 2 -5 i'm 2.13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Af4iele -2, Division 2.7, seetien 2. 7� Section 10.02.13 of the Collier County Land Development Code. 2.14 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provision as provided for within ^ 14iele 2 Di ^^ 2 Seetia., 2.7.3.4 Section 10.02.13 of the Collier County Land Development Code. 2.15 PUD MONITORING An annual monitoring report shall be submitted pursuant to AAirale 2, Division 2.7, Seefien 2.7. Section 10.02.13 of the Collier County Land Development Code. If hazardous products or wastes are generated, used or stored on the site, a containment plan for hazardous material handling and emergency response shall be required. An annual monitoring report shall be required on the types, quantities and disposition of the hazardous material. 2.16 SITE DEVELOPMENT PLAN APPROVAL The provisions of A^ ell 3— PiPisien 3.3, Division 3.3 Section 10.02.03 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with Seetie" 3,06-4 the Read Impact Fee Ordinance 92.22 01 -13, as amended. 2.18 DEDICATION AND MAINTENANCE OF FACILITIES The developer shall create appropriate property owner association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.19 OPEN SPACE REQUIREMENTS Pursuant to Af4iele , Division 2.6, Seetien -2.6:3-2 Section 4.02.01 of the Collier County Land Development Code, at least thirty percent (30 %) of the project shall be devoted to W 8 C ' usable open space. The total project is 97.0 acres requiring a minimum 29.1 acres to be retained as open space. The open space calculation indicated on the PUD Master Plan identifies 29.1 acres included in the Reserve, lakes and miscellaneous buffers and open space areas, which meets the requirement. 2.20 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to »ele- 3, Divis=efi 3.9, Seetier,.9 5.5.3 Section 3.05.07 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. Approximately 12.0 acres of the wetland reserve and 32.0 acres of the pin upland are impacted greater than fifty percent with melaleuca. Fifty percent of the combined 44.0 acres deducted from the total project area of 97.0 acres leaves 75.0 acres of viable natural functioning native vegetation within the PUD boundary. Therefore 18.8 acres (25% of the 75.0 acres) are required to be retained and are fully satisfied within the Reserve and miscellaneous buffers and open space indicated on the PUD Master Plan and not further preservation shall be required. 2 -7 SECTION III ZONE A — COMMERCIAL DISTRICT 3.1 PURPOSE 8 C 1 The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone A on Exhibit "A ", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Zone A (approximately 2-5:5 39.3 acres) on the PUD Master Plan are intended to provide a maximum of 255,000 350,000 gross leasable square feet of various retail, service, and office commercial uses to serve residents in the surrounding areas as well as provide highway oriented facilities. The 24-.9 30.9 + acre and 4.0 + acre commercial parcels located adjacent to C.R. 951 i-s, are within an Interchange Activity Center designation in the Growth Management Plan (GMP). The permitted uses and structures for this these parcels are as indicated in the following Section 3.3. The 4-S 4_4 ± acre commercial parcel located adjacent to S.R. 84 is also within the Interchange Activity Center. The permitted uses and structures for this parcel are as indicated in Section 3.4. 3.3 PERMITTED USES AND STRUCTURES — 248 30.9 + ACRES AND 4.0 + ACRES ON C.R. 951 Nor building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures Amusement and Recreation Services (Groups 7911 — 7941, 7991, 7993). 2. Apparel and Accessory Stores (Groups 5611 — 5699). 3. Automotive Dealers and Gasoline Service Stations (Groups 5511 — 5599). 4. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7542). 5. Building Materials, Hardware and Garden Supplies (Groups 5211 — 5261). 6. Business Services (Groups 7311, 7313, 7319, 7322 -7323, 7331 -7338, 7361, 7363, 7371 - 7389). 7. Depository Institutions (Groups 6011-6099). S. Eating and Drinking Places (Groups 5812 - 5813). 3 -1 9. 10. IL 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. B. Penni $ C Engineering, Accounting, Research, Management, and Related Services (Groups 8711 -8713, 8721, 8741 -8743, 8749 -8). Food Stores (Groups 5411 - 5499). General Merchandise Stores (Groups 5311 - 5399). Health Services (Groups 8011 -8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712- 6799). Home Furniture, Furnishings, and Equipment Stores (Groups 5712- 5736). Insurance Agents, Brokers, and Services (Group 6411). Insurance Carriers (Groups 6311- 6399). Legal Services (Group 8111). Membership Organizations (Groups 8611 -6561, 8699). Miscellaneous Repair Services (Group 7631). Miscellaneous Retail (Groups 5912 -5962, 5992 - 5999). Motion Pictures (Groups 7833, 7841). Nondepoitory Credit Institutions (Groups 6111 - 6163). Personal Services (Groups 7211, 7212, 7215, 7219, 7221 -7251, 7291, 7299). Real Estate (Groups 6512, 6519- 6553). Recreation (Groups 7911 -7933, 7941, 7993, 7997). Security and Commodity Brokers, Dealers, Exchanges and Services (Groups 6211- 6289). Social Services (Groups 8322 -8351, 8399). Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development c°- lter Board of Zoning Appeals determines to be compatible in this district. tted Accessory Uses and Structures 3 -2 8 C ' Uses and structures that are accessory and incidental to uses pennitted in this district. 3.4 PERMITTED USES AND STRUCTURES — 44 4.4 + ACRES ON S.R. 84 No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Apparel and Accessory Stores (Groups 5611- 5699). 3. Auto and Home Supply Stores (Group 5531). 4. Automobile Parking (Group 7521). 5. Business Services (Groups 7311, 7313, 7322 -7338, 7361 -7379, 7384, 7389, except auctioneering service, field warehousing, bottle labeling, packing and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 6. Child Day Care Services (Group 8351). 7. Drug Stores and Proprietary Stores (Group 5912). S. Eating Places (Groups 5812 only). All establishments engaged in the retail sales of alcoholic beverages for on- premise consumption are subject to locational requirements of See, . ''�0 Section 5.05.01. 9. Electrical Repair Shops (Group 7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 10. Engineering, Architectural, and Surveying Services (Groups 8711- 8713). 11. Food Stores (Groups 5411 -5499) 12. Gasoline Service Stations (Group 5541 subject to Section 2-6i8 5.05.05. 13. Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to See 2.6.E Section 5.05.04. 14. Hardware Stores (Group 5251). 3 -3 • 15. Health Services (Groups 8011 -8049, 8082). 16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712 - 5736). 17. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 18. Insurance Carriers, Agents and Brokers Groups 6311 -6399, 6411). 19. Legal Services (Group 8111). 20. Libraries (Group 8231). 21. Management and Public Relations Services (Groups 8741 -8743, 8748). 22. Membership Organizations (Groups 8611- 8699). 23. Miscellaneous Personal Services (Group 7291). 24. Miscellaneous Repair Services (Groups 7629- 7631). 25. Miscellaneous Retail (Groups 5912 -5963, except pawnshops and all uses dealing with secondhand merchandise, 5922 - 5999). 26. Museums and Art Galleries (Group 8412). 27. Non- depository Credit Institutions (Groups 6111-6163). 28. Paint, Glass and Wallpaper Stores (Group 5231). 29. Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7221 -7251, 7291). 30. Public Administration (Groups 9111 -9199, 9229, 9311, 9411 -9451, 9511- 9532, 9611 - 9661). 31. Real Estate (Groups 6531- 6541). 32. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 33. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 34. United States Postal Service (Group 4311, except major distribution center). 3 -4 $ C ' 35. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 36. Video Tape Rental B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.5 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred feet (100'). C. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. All other yards: Fifteen feet (15'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. D. Maximum Height: Thirty -five feet (35'), except for non - functional architectural elements (such as bell towers), which shall have a maximum height of fifty feet (50'). E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. F. Distance between principal structures: none, or a minimum of five feet (5') with unobstructe4d passage from front to rear yard. G. Minimum standards for signs, parking, lighting, and landscaping shall be in accordance with Collier County Land Development Code in effect as the time final local development orders are requested unless otherwise specified herein under Section 2.9, 2.10 and 2.11. 3 -5 4.1 Reserved. • SECTION IV M ME e.• . _ . . 2. Shops, sef-,,iee establishments, dr-iPA(iog personal eating or estab4qhffieFA-s-, standards, even F .. • �� •. Le OEM K �' m g ��iff� ifll�I �'l •Ili nl��♦1�1 �li�f2�1�1�1f�A 11 . li��ff�'��l��f.ff•��J f- lffff� ll.f �l�l�l7�i liLf� it ��I fi ff�rl�lil �iT_ /� l %��l ll7i�J �1f1� ♦ 1 1 . 1 I 4 -2 4 -2 SECTION V ZONE C — LIGHT INDUSTRIAL DISTRICT 5.1 PURPOSE 8 C � The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone C on Exhibit "A ", PUD Master Plan. 5.2 GENERAL DESCRIPTION Areas designated as "Zone C on the PUD Master Plan are intended to provide a maximum of 450, 889 105,000 square feet of gross floor area of light industrial uses on 34-5 8.0 acres. The floor area ratio (FAR) for the designated industrial land uses is approximately .43, which is below the maximum allowed FAR of .45 required pursuant to the Activity Center sub - district requirements of the FLUE. The permitted uses and structures and development standards for the industrial land uses are similar to the standards required in and Industrial PUD, as set forth in Section 5.3. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. The permitted principal uses and structures will generally consist of corporate offices and headquarters, light manufacturing, processing and packaging, laboratories and clinics, and research, design and product development. Agricultural Services (Group 0782, 0783). 2. Apparel and Other Finished Products (Groups 2311- 2399). Automobile Rental, Leasing, and Parking (Groups 7513- 7521). 4. Building Construction (Groups 1521 - 1542). Business Services (Groups 7312, 7313, 7319, 7334 -7336, 7342 -7389, including auction rooms (5999), subject to parking and landscaping for retail use). 6. Communications (Groups 4812 -4899) subject to ^ i4iele 2, Division 2 6, Section 2.6.35.6.5. Section 5.05.09 of the Collier County Land Development Code, not to include free standing towers. 7. Construction- Special Trade Contractors (Groups 1711 - 1799). S. Eating Places (5812). 5 -1 8 C t 9. Educational Services (8243- 8249). 10. Electronic and Other Electrical Equipment (Groups 3612 - 3699). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711- 8748). 12. Fabricated Metal Products (Groups 3411 -3479, 3491- 3499). 13. Food and Kindred Products (Groups 2011 -2099, except slaughtering plants). 14. Furniture and Fixtures (Groups 2511- 2599). 15. Health Services (8011 accessory to industrial activities conducted on -site only). 16. Industrial and Commercial Machinery and Computer Equipment (3511- 3599). 17. Justice, Public Order, and Safety (Groups 9221, 9224, 9229). 18. Local and Suburban Transit (Groups 4111-4173). 19. Lumber and Wood Products (Groups 2426, 2431- 2499). 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (Groups 3812- .873). 21. Membership Organizations (Group 8611). 22. Miscellaneous Manufacturing Industries (Groups 39114 -3995, 3999). 23, Motion Picture Production and Distribution (Groups 7812- 7829). 24. Motor Freight Transportation and Warehousing (Groups 4212, 4213, 4215 -4226 except oil and gas storage, and petroleum and chemical bulk stations). 25. Personal Services (Groups 7211- 7219). 26. Printing, Publishing and Allied Industries (Groups 2711- 2796). 27. Recreation (Group 7991). 28. Social Services (Groups 8331, 8351). 5 -2 8 � s 29. Transportation Equipment (Groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 30. Transportation Services (Groups 4731, 4783). 31. United States Postal Service (4311). 32. Miscellaneous Repairs (7622 - 7699). 33. Wholesale Trade - Durable Goods (Groups 5012 -5014, 5021 -5049, 5063- 5092, 5094 - 5099). 34. Wholesale Trade- Nondurable Goods (Groups 5111 -5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192 - 5199). 35. Any other light industrial use of service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in this district. B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail sales and /or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20 %) of the gross floor area of the permitted principal uses. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: One (1) acre. B. Minimum Lot Width: One hundred twenty -five (25') C. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25). 2. All Other Yards: Twenty feet (20') 3. No structure will encroach into the required upland buffer surrounding the Reserve. 4. Minimum Building Setback from Perimeter Boundary of PUD: A. Fifty feet (50') for buildings up to thirty -five feet (35') in height. 5 -3 8 C A B. Three feet (3') for every one foot of building height over thirty - five (35') adjoining residential districts. D. Maximum Height: Fifty feet (50') E. Minimum standards for signs, parking, lighting and landscaping shall be in accordance with Collier County Land Development Code in effect at the time final local development orders are requested, unless otherwise specified herein under Sections 2.9, 2.10 and 2.11. F. No outside storage or display shall be permitted, all manufacturing, etc., shall be conducted in a fully enclosed building. G. Fencing along property lines of platted lots and PUD boundaries shall be designed to be decorative and shall be constructed of materials such as but not limited to wood, concrete, masonry, vinyl, etc. 5 -4 SECTION VI RESERVE 6.1 PURPOSE 8 � The purpose of this Section is to set forth regulations for areas within WESTPORT designated as Reserve on Exhibit "A ", PUD Master Plan. 6.2 GENERAL DESRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate conservation and limited water management uses and functions. The primary purpose of the Reserve is to retain approved Collier County wetland systems. The boundary of the Reserve was established using the Collier County wetland jurisdiction delineation as depicted on Exhibit B, Aerial Photograph. 6.3 PERMITTED USES AND STRUCTURES No building or structure, part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I . Open space /nature preserves. 2. Passive recreational areas and boardwalks. Biking, hiking, nature trails, excluding asphalt paved surfaces. 4. Water management facilities and structures. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Developmen Board of Zoninp, Appeals determines to be compatible in the Reserve District. 6.4 RESERVE CONSERVATION EASEMENT A non- exclusive conservation easement or tract is required by Collier County Land Development Code See4ien 3.2.8.4.7.3 Section 3.05.07 for preservation lands included in the Reserve. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the tenns set forth in the applicable pen-nit granted by said agencies. 6 -1 8 � SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the Conservation/Preservation areas, shall be submitted to Project Plan Review Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.2 UTILITES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designated, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The utilities for the project's water distribution and wastewater collection systems shall be designed and constructed to connect the project to the District's facilities in accordance with County criteria and the County's Master Plan. D. In order to assure utilities serve to this project, the existing off -site water distribution and sewage transmission facilities of the District must be evaluated for hydraulic capacity and improved as required, consistent with the County's Master Plan. 7.3 WATER MANAGEMENT A. A copy of South Florida Water Management District Permit or Early Work Permit with staff report is required prior to final site development plan approval. B. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of Gehl, . County Ordi.,anee Ne 92 73 Article IV, Section 22 -106 of the Code of Laws and Ordinances of Collier County, Florida and South Florida Water Management District rules. 7 -1 • • D. Prior to site development plan approval, a Big Cypress Basin (SFWMD) right -of- way permit allowing the crossing of drainage basin boundaries and allowing discharge into Henderson Creek shall be submitted. E. Authorization from South Florida Water Management District to direct stormwater runoff into the property to the south shall be provided prior to construction plan approval. F. A cross - section of perimeter berm shall be provided prior to preliminary subdivision plat approval. G. Prior to construction plan approval, it shall be demonstrated that Henderson Creek has the capacity to handle the discharge from Westport Commerce Center. 7.4 TRANSPORTATION A. The developer will pay an appropriate fee required by the County's lid Impact Fee Ordinance 92 22 01 -13, as amended, as building permits are issued for the proposed project. B. The developer will make a fair share contribution toward the capital cost of a traffic signal(s) when deemed warranted by the County. The signal(s) will be owned, operated and maintained by Collier County. C. The developer will provide appropriate turn lanes and street lighting at all project entrances. D. The location of accesses will be consistent with the Collier County Access Management Policy (Resolution 92 -442 01 -247 . 7 -2 8 C M N rh 'U st IQ r r OOOm 3 N- IL ID c; •t 1 t p t la or :..a -. c ►T t 11a n er N�, m 1 Cl C3 i9 1 (?! Wwv3 -t art carr morcn C erntar ,1¢! . ! w o {11 1_i W N � ° n ---------------- DAVJS BOULEVARD (SR No. 84) ij TYPE D — _ — A • BUFFER e ;; z p �$ ut � O= A C� Z m O O C g m m cn m m C m m —+ m m n D A B C m i m (n u'i m C) s I my z D —i r 0°3$ rZD N D m IC. •fain io. I tmTl A ztrrl6yog�i a � ice y c' Ty I �>Lif H WNA C V ==pGi St O T N LD fW0 r `1 \/ a 7d re', A P O O V V W O W VVV N' — — — — { a( •TYPE D 3vtg BUFFER * b Ana Z CI � , 3 ,x.14 z � � t� .°� ;10 I 4 y I ss §a r P, h ,.. fir. E > ## a s �� a:a N `la N I� qi3 W y , ay pw C �� b� za atrl aI< My, �t Iro �E I� z 1rt iF A ,if I Y 0-V a s n m x p e a>; tz f. 3 UIC n Et gP o a x 3z8G O TYPE B BUFFER PUD CEDAR ye V HAMMOCK a k 8 September 2, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -A- 2004 -AR -6092, Westport Commerce Center Dear Legals: Please advertise the above referenced notice on Sunday, September 11, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. /Account # 113- 138312 - 649110 g � . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, September 27, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) KNOWN AS WESTPORT COMMERCE CENTER MUPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THE COMMERCIAL /RETAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE "ACCOMMODATIONS" LAND USE SUBDISTRICT AND INCREASE THE AMOUNT OF PRESERVE AREA, FOR PROPERTY LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 97 +/- ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 94 -56, THE EXISTING WESTPORT COMMERCE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE Petition PUDZ -A- 2004 -AR -6092, Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting a rezone from Planned Unit Development (PUD) TO Mixed Use Planned Development (MUPUD) for a project known as the Westport Commerce Center. Revise the PUD document and Master Plan to show a reduction in the intensity of the commercial /retail and industrial square footage, delete the "Accommodations District" land use, and increase the amount of preserve area. The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 97 acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on 8 C behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) aunty- of-C61,her CLERK OF THE C�RCUIT Dwight E. Brock COLLIER COUNTY URTOL 3301 TAM IAMI T L EA T Clerk of Courts . P.O. BOX 4 '044 NAPLES, FLORIDA34101 -3(1`� September 6, 2005 Benderson Development Company 8441 Cooper Creek Blvd University Park, Florida 34201 COURT v Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6092, Westport Commerce Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWI HT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk &clerk.collier Mus t�- ef- G6llier CLERK OF THE C�RCVIT Dwight E. Brock COLLIER COUNTY URT�OL 3301 TAMIAMI I: EA T Clerk of Courts P.O. BOX 4 1044 NAPLES, FLORIDA134101 -3(4 er. September 6, 2005 Agnoli, Barber & Brundage, Inc. Fred Reischl, AICP 7400 Tamiami Trail North Suite 200 Naples, Florida 34108 8 C w COURT Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6092, Westport Commerce Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 27, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 11, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �] teidi R. 0, Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl.us • • Heidi R. Rockhold From: Heidi R. Rockhold Sent: Tuesday, September 06, 2005 9:24 AM To: 'legals @naplesnews.com' Subject: PUDZ -A- 2004 -AR -6092, Westport Commerce Center Attachments: PUDZ -A- 2004- AR- 6092.doc; PUDZ -A- 2004- AR- 6092.doc Legals, Please advertise the above mentioned notice on Sunday, September 11, 2005. PUDZ -A- 2004 -AR -6 PUDZ -A- 2004 -AR -6 092.doc (30 KB... 092.doc (32 KB... If you have any, questions, please call me.. Thank you, Heidi R. Rockhold, Minutes and Records Department 239 - 774 -8411 (heidi.rockhold @clerkxollier. fl. us) Heidi Rockhold Heidi R. Rockhold From: ClerkPostmaster Sent: Tuesday, September 06, 2005 9:24 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT353515.txt; PUDZ -A- 2004 -AR -6092, Westport Commerce Center E-J LLJ ATT353515.txt PUDZ -A- 2004 -AR -6 (231 B) 092, Westport ,.. This is an automatically {S;£'.3 ?erated Delivery Status PVTO IZfIcation. Foul- message ha,. been .5u Ces,sfidly Y'ela. 'E.d to thejbllowing r£'.i;lf"iientS, but the 1"£.'q1lE.',S`ted delivery statits notifications may, not be Cenci -aced by, the destination. leg -alv, napkw1ei s.cotn Heidi Rockhold Heidi R. Rockhold 8 From: System Administrator [postmaster@ nap lesnews.com] Sent: Tuesday, September 06, 2005 9:21 AM To: Heidi R. Rockhold Subject: Delivered: PUDZ -A- 2004 -AR -6092, Westport Commerce Center Attachments: PUDZ -A- 2004 -AR -6092, Westport Commerce Center LI PUDZ -A- 2004 -AR -6 092, Westport ... <<1L D7- A- ?f04-AR- 6092, T E�t��tt Commerce Your fmssagt T «: l e rrls(r ,naplesrrew.s.coni Sul�jec°t: PIID7. -A- 2004 -AR -0092, Westport C.'onanerc°e C.'enter. Sent: Tue, ( Sep 2005 09:24:17 -0400 was delivered to thefollmving rec °ipient(s): legals on Tire, C Sep 2005 09:20:47 -0400 Heidi Rockhold PUDZ -A- 2004 -AR -6092, Westport Commerce Center Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Tuesday, September 06, 2005 9:24 AM To: Heidi R. Rockhold Subject: RE: PUDZ -A- 2004 -AR -6092, Westport Commerce Center OK - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold @clerk. col Iier.fl.us] Sent: Tuesday, September 06, 2005 9:24 AM To: legals @naplesnews.com Subject: PUDZ -A- 2004 -AR -6092, Westport Commerce Center Legals, Page 1 of 1 8 C � Please advertise the above mentioned notice on Sunday, September .11, 2005. «PUDZ -A- 2004 -AR -6092. doc» «PUDZ -A- 2004 -AR -6092. doc» If'you have any, questions, please call me.. 1 hank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 ( heidi .rocckhold(a;,clet- k.collier fl.us) 9/6/2005 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue September 11th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and L,ee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicatio in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 12th, September 2005 (Signature of notary public) ( k-A 'ISSiGN;#` :)P? 4689 EXPIRES 'uiv 2fi, 2'007 PUDZ A•2Q04 NOTICE OF INTE CONSIDER ORDINANCE otice Is hereby given iat on TUESDAY Sep- !tuber 27, 2005, in the ,pro. s C Copies of the proposed Ordinance are on file with the Clerk to th Board and are all Mie o a a A r n or have submit said me- a minimum of 3 ePunbldda s pr aayreAII ryha ttlertil p�t¢nthe 'eta- 0 wnent P of thearecord a mony and evidence i pob nwdhlch the appeal 1 OF COUNTYI iS10NERS ER COUNTY,I 1 f. COYLE, CHAIR -' iT E. BROCK, Adi R. Rockhold, Clerk No.1205379 ORIGINAL DOCUMENTS CHECKLIST ,& ROUTJNG tQ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T � THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines #1 through #4 emmplete the rh—Wiq 1 C l l 6.o ca..,,« Route to Addressee(s) Office Initials Date (List in routing order) appropriate Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 1. Sandra Lea, Executive Secretary CDES Agenda Item Number 8C Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, A-1-7 2. Resolution and PUD '1) ttqqC f ,, M Number of Original 2 3. J—Q11- Documents Attached 4. Chairman and Clerk to the Board and possibly State Officials.) 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Carolina Valera, Principal Planner Phone Number 659 -5729 Contact appropriate Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 8C Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Attached Resolution and PUD '1) ttqqC f ,, M Number of Original 2 J—Q11- Documents Attached INSTRIIC'TTnNC & rmvrui icrr 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. appropriate Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from G •V• contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's? signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/15/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney 's�i•V� ' r Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 8 C 00ft ORDINANCE NO. 05- 62 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) KNOWN AS WESTPORT COMMERCE CENTER MUPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THE COMMERCIAL/RETAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE "ACCOMMODATIONS" LAND USE SUBDISTRICT AND INCREASE THE AMOUNT OF PRESERVE AREA, FOR PROPERTY LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 97± ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 94 -56, THE EXISTING WESTPORT COMMERCE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Agnoli, Barber & Brundage, Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, representing Benderson Development Company, 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 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MUPUD) 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 2004 -41, the Collier County Land Development Code, is /are hereby amended accordingly. Words stizaek thfou are deleted; words underlined are added. Page 1 of 2 �' 8C - SECTION TWO: Ordinance Number 94 -56, known as the Westport Commerce Center PUD, adopted on October 18, 1994, by the Board of County Commissioners of Collier County is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Westport Commerce Center MUPUD Document attached hereto as Exhibit "A ". All other provisions of Ordinance Number 94 -56 shall remain in full force and effect. 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 /: ay of % C .-r' 40' , 2005. ATTEST: DWIGHT E. BROCK, CLERK C Y Y Approved as to Form and Legal Sufficiency Marj e M. Student - Stirling Assistant County Attorney PUDZ -A- 2004 -AR- 6092 /C V /sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: lq� w. FRED W. COYLE, CHA N Words stf:usk dwou k are deleted; words underlined are added. Page 2 of 2 ' �I WESTPORT COMMERCE CENTER 8 C A PLANNED UNIT DEVELOPMENT 97.0+ Acres Located in Section 3, Township 50 South, Range 26 East Collier County, Florida PREPARED FOR: ANDREW J. SALUAN, TRUSTEE AJS Realty Group, Inc. 3800 Airport Road North Naples, Florida 33942 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples, FL 33942 AMENDED FOR: RONALD BENDERSON 1995 TRUST and WR -I ASSOCIATES 570 Delaware Avenue Buffalo, NY 14202 AMENDED BY: AGNOLI BARBER & BRUNDAGE INC. 7400 Tamiami Trail North Suite 200 Naples, FL 34108 ROETZEL & ANDRESS LPA 850 Park Shore Dr. Trianon Centre, 3rd Floor Naples, FL 34103 DATE FILED January 5 1994 DATE REVIEWED BY CCPC 10 -6 -94 DATE APPROVED BY BCC 10 -18 -94 ORDIANCE NUMBER 94 -56 AMENDED 2005-62 EXHIBIT "A" i TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III ZONE A - COMMERCIAL RETAIL SECTION IV ZONE B n cc )MM r )D ♦ T 0 TS SERVED SECTION V ZONE C - INDUSTRIAL SECTION VI RESERVE SECTION VII GENERAL DEVELOPMENT COMMITMENTS i !8C PAGE ii 1 -1 2 -1 3 -1 4 -1 5 -1 6 -1 7 -1 aft 8C - LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN , EXHIBIT B AERIAL PHOTOGRAPHS, LOCATION MAP (IAIrMB&P, lae. File Ne. Rte) EXHIBIT C FLUCCS MAP (WMB&P, Tne F;=f' No. ENV 124) EXHIBIT D CONCEPT-UAL WATER MANAGEMENT PLAN (WN4B&p, Ine. File No. ¢.-z- z-IVV) EXNIRTT E rn MLNITV CERVICES MAP ' •.• ... EXHIBIT D WELL EASEMENT LOCATION MAP ii • STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Andrew j. Sal , T-nd Ronald Benderson 1995 Trust and WR -I Associates, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 97.0 + acres of land located in Section 3, Township 50 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be WESTPORT COMMERCE CENTER ( WESTPORT). The development of WESTPORT will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted of the Growth Management Plan FLUE and other applicable regulation for the following reasons: 1. The subject property is within the Urban- Commercial District/Activity Center Sub district and the Urban - Industrial District as identified on the Future Land Use Map as required in October 1, of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. 2. The subject property includes an Interchange Activity Center in which the land is zoned and designated Industrial. This site is a preferred location for the concentration of commercial and industrial land uses in a mixed -use development pursuant to the FLUE. 3. The FLUE allows for expansion of industrial uses adjacent to areas currently designated industrial, provided certain conditions are met regarding access, traffic circulation, and infrastructure provisions, which this project meets or exceeds. 4. WESTPORT is compatible with and complimentary to existing and future surrounding land uses as required in Policy 5.4 and under the Urban Industrial District of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, except as specifically set forth herein. 6. The development of WESTPORT will result in an efficient and economical extension of community facilities and services as required in Policies 3. l .h. and 1. of the FLUE. 7. WESTPORT is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the County. SHORT TITLE This ordinance shall be known and cited as the " WESTPORT COMMERCE CENTER PUD DEVELOPMENT ORDINANCE" iii 8� ,�= SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of WESTPORT, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is legally described as follows: PARCEL A A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more particularly described as follows: Commence at the East Quarter corner of said Section 3; thence S. 89 °20'05 "W., 100.04 feet along the South boundary of said Northeast Quarter to the West right -of -way line of County Road No. C -951, according to State Road Department Right -of -Way Map Section 03510 -2602, and the POINT OF BEGINNING; thence continue S. 89 °20'05 "W., 1201.06 feet to the Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.00 °29'21" E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter; thence N. 89 °42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.00 °29'21" E., 300.00 feet to the South right -of -way line of State Road No. 84 (Davis Boulevard) per State Road Department Right -of -Way Map Section 03506 -2601; thence S.89 °42'03" E., 600.00 feet along said right -of -way line; thence S. 00 °29'21" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 89 °42'03" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right -of -way line of said County Road No. C -951; thence S. 00 °51'53" W., 1836.42 feet along said right -of -way line to the POINT OF BEGINNING. Containing 58.04 acres, more or less. PARCEL B A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of the East half of the West Half of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County, Florida, all being more particularly described as follows: 1 -1 8 C Commence at the East Quarter corner of said Section 3; thence S.89 °20'05" W., 1301.10 feet along the South boundary of said Northeast Quarter to the Southeast corner of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N. 00 °29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N. 89 °42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N. 00 °29'21" E., 300.00 feet to the South right -of -way line of State Road No. 84 (David Boulevard) per State Road Department Right -of -Way Map Section 03506- 2601; thence N. 89 °42'03" W.,136.44 feet along said right -of -way line to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right -of -way line and curve through a central angle of 2 °11'07" (chord bears S. 89 °12'24" W., 122.96 feet) to the West boundary of the East Half of the West Half of the Northeast Quarter of said Section 3; thence S. 00 °18'13" W., 2765.15 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N. 89 °20'05" E., 650.55 feet along said South boundary to the POINT OF BEGINNING. Containing 38.77 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the legal ownership of Azndrew Saluan, Tmstee-,whese address is 3800 Air-peA Read Nefth, Naples, Fier-ida . Wal -Mart Stores East LP; 1301 SE 10'' Street; Bentonville AR 73716 and Ronald Benderson 1995 Trust and WR -I Associates; 570 Delaware Avenue; Buffalo NY 14202 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3, Township 50 South, Range 26 East, and is generally bordered on the north by S.R. 84 and property zoned Industrial; on the east by C.R. 951; on the south by property zoned agricultural; and on the west by property zoned C -3 Commercial, RMF -12, Multi - Family Residential, and Agriculture. The location of the site is shown on Attachment 2 to the Application for Public Hearing. B. The zoning classification of the subject property prior to the date of PUD approval is I (Industrial), C -3 (Commercial Intermediate), RMF -12 (Residential Multi - Family) and A (Agricultural). C. Elevations within the site range from 9.6' to 11.2' above mean sea level with an average of approximately 10.5 feet. Per FEMA Firm Map Panel No. 120067 - 0415D, dated June 3, 1986, the WESTPORT property is located within zone "X ". Topographic mapping is shown on the Topographic Survey, Exhibit F. 1 -2 SCr 4m, on D. The soil types on the site generally include Pineda fine sand Limestone Substratum and Boca fine sand. Soil Conservation Service mapping of soil types is shown on the FLUCCS and Soils Map, Exhibit C. E. Vegetation on site primarily consists of pine flatwoods, willow, cypress wetlands and melaleuca dominated areas. Detailed vegetation mapping is shown on the FLUCCS and Soils Map, Exhibit C. F. The project site is located within the Lely Canal Basin as depicted within the Collier County Drainage Atlas (May 1990). The general surface drainage pattern flows in a northeast to southwest direction which eventually discharges into the Lely Canal. The Conceptual Surface Water Management Plan is shown on Exhibit D. 1 -3 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 8 C The purpose of this Section is to generally describe the plan of development for WESTPORT, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES WESTPORT will include a mix of commercial, industrial, hotel es, stormwater management lakes, open spaces, and reserve areas. WESTPORT intends to establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features. The Master Plan is illustrated graphically on Exhibit "A ", PUD Master Plan (WMB& �e., File No. -216). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with ^fie -3 Division 3.2, Seetien 3,267-, Section 4.03.03 of the Collier County land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of WESTPORT shall be in accordance with the contents of this PUD Ordinance, applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) and Collier County Growth Management Plan which are in effect a the time of issuance of final development order. B. Unless otherwise defined herein, or as necessarily implied by context, 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 of issuance of the first development order which would involve said definitions as set forth in paragraph 2.3.A. C. Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Artic-le 3, Division 3.' 5 Section 10.02.07 of the Collier County Land Development Code. 2 -1 8C - D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the WESTPORT PUD Master Plan (Master Plan) are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (AAiele- 3 Division 3.2 Section 4.03.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3-.2-4 1.04.03. G. The Site Development Plans Division of the Collier County Land Development Code (^n dele -3, Division 3� Section 10.02.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3�4- 10.02.03. 2.4 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions, subject to the provisions of Miele '';ision�7-' Section 2.7.3.5 10.02.13 of the Collier County Land Development Code. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer at the time of final subdivision plat approval. Developer shall create appropriate property owners associations(s) which will be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 10.02.04 of the Land Development Code. 2.5 PROJECT DENSITY The total acreage of the WESTPORT is approximately 97 acres. The commercial retail uses occupy approximately 23--7 39.3 acres with a maximum gross leasable floor area of 255,000 350.000 square feet. The industrial uses occupy approximately 2 -2 8C. ..... ft 34-5 8_0 — 12.4 acres with a maximum gross leasable floor area of 450,089 218,000 square feet. These described land uses are set forth on the PUD Master Plan, Exhibit A. 2.6 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this documents 2.7 EASEMENT FOR UTILITIES All necessary easements, 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. 2.8 LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of the Master Plan is 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. Fill material from lakes is planned to be utilized within the project; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off -site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and See„n 3.5.7 Article IV, Section 22 -112 of the Collier County Code of Laws and Ordinances A. Setbacks: Excavations shall be located so that the top -of -bank of the excavation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval; 1. Twenty feet (20') from back of curb of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. 2. Fifty feet (50') from all PUD perimeter property lines. 2.9 OFF - STREET PARKING AND LOADING All off - street parking and loading facilities shall be designed in accordance with Divisier� 24 Section 4.05.01 of the Collier County Land Development Code. 2 -3 2. 10 BUFFERS 8Ct s Minimum standards for buffers shall be in accordance withDivision 2.4 Section 4.06.01 of the Collier County Land Development Code in effect as the time final local development orders are requested, unless otherwise specified in this Section 2.10. All buffer setbacks shall be measured from platted lot boundaries. The following identifies the buffer according to land use type: A. External - 4- Buffer along SR84 (Davis Boulevard) and CR951 (Isle of Capri Road) is twenty feet (20'). 27 Buffer adjacent to agricultural zoning is ten feet (10'). -3 Buffer adjacent to RMF -12 zoning is fifteen feet (15') 4. Buffer adjacent to industrial zoning is fifteen feet (15') B. Internal Buffers on: =- -natel ea sel eels b. 1 S' -'Jaeeat to industrial par-eels d. 10' adjaeeftt. to i 1. Commercial Parcels: b. 10' adjacent to industrial parcel C. 10' adjacent to internal right -of -way 2. d. 10' adjacent to internal Zone A parcels 3-: Industrial Parcels: b. 10' adjacent to commercial parcels C. I0'adjacent to internal right -of -way d. 10' adjacent to internal Zone C parcels C. The 15' wide landscape buffer adjacent to the internal right -of -way along the western property line shall contain a 6' high opaque fence or wall in addition to the required vegetation indicated in Section 2.4.7.4 4.06.02 of the Collier County Land Development Code. 2 -4 8C - 2.11 SIGNS Minimum standards for signs shall be in accordance with Division :5 Section 5.06.01 of the Collier County Land Development code in effect at the time final local development orders are requested, unless otherwise specified in the Section 2.11. The following signs are permitted, per issuance of a building permit and subject to the below: Pole or Ground Signs — Single occupancy parcels, shopping centers, office complexes, or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted on (1) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet of more of grow leasable floor area will be permitted one (1) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. 1. Maximum allowable sign area — one hundred (100) square feet for each pole or ground signs, or a maximum combined area of one hundred twenty (120) square feet for two (2) ground signs, except for approved directory signs. 2. Setbacks — fifteen feet (15) from any property line, public or private right of way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. Maximum allowable height — twenty five feet (25). Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each sigh structure. Pole or ground signs may be place back to back, side by side, or in V -type construction with not more than on (1) display on each facing, and such sign structure shall be considered as on (1) sign. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. 2.12 USE OF RIGHTS -OF -WAY Utilization of lands within all project right -of -way for landscaping decorative entrance ways and signage may be allowed subject to review and administrative approval by the Developer, and the Collier County Development Services Director for engineering and safety considerations, during the development review process and prior to any installations. 2 -5 s 2.13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 8C Amendments may be made to the PUD as provided in Miele 2, Division 2.7, ;eefie� 2.7.3.5.1 Section 10.02.13 of the Collier County Land Development Code. 2.14 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provision as provided for within ^ i4:elo 2, n' ' 2.7, Seetion 2.7.3.4 Section 10.02.13 of the Collier County Land Development Code. 2.15 PUD MONITORING An annual monitoring report shall be submitted pursuant to At4ie-le 2, Di isron - Seetio _ 2.7. Section 10.02.13 of the Collier County Land Development Code. If hazardous products or wastes are generated, used or stored on the site, a containment plan for hazardous material handling and emergency response shall be required. An annual monitoring report shall be required on the types, quantities and disposition of the hazardous material. 2.16 SITE DEVELOPMENT PLAN APPROVAL The provisions of Ai4iele 3, Division 3 3 D— i ' ' 3.3 Section 10.02.03 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with Seetion 3.0 the Read Impact Fee Ordinance 92.22 01 -13, as amended. 2.18 DEDICATION AND MAINTENANCE OF FACILITIES The developer shall create appropriate property owner association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.19 OPEN SPACE REQUIREMENTS Pursuant to Artiele 2, Division Seetion 2.6. ^^ Section 4.02.01 of the Collier County Land Development Code, at least thirty percent (30 %) of the project shall be devoted to usable open space. The total project is 97.0 acres requiring a minimum 29.1 acres to be retained as open space. The open space calculation indicated on the PUD Master Plan identifies 29.1 acres included in the Reserve, lakes and miscellaneous buffers and open 2 -6 8C - space areas, which meets the requirement. 2.20 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Aftiele?, Division 3.9, Seetien -3 9��3 Section 3.05.07 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. Approximately 12.0 acres of the wetland reserve and 32.0 acres of the pin upland are impacted greater than fifty percent with melaleuca. Fifty percent of the combined 44.0 acres deducted from the total project area of 97.0 acres leaves 75.0 acres of viable natural functioning native vegetation within the PUD boundary. Therefore 18.8 acres (25% of the 75.0 acres) are required to be retained and are fully satisfied within the Reserve and miscellaneous buffers and open space indicated on the PUD Master Plan and not further preservation shall be required. 2 -7 SECTION III ZONE A — COMMERCIAL DISTRICT 3.1 PURPOSE 0% 8C - The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone A on Exhibit "A ", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Zone A (approximately 2-54 39.3 acres) on the PUD Master Plan are intended to provide a maximum of 25 5,009 350,000 gross leasable square feet of various retail, service, and office commercial uses to serve residents in the surrounding areas as well as provide highway oriented facilities. The 24.0 30.9 + acre and 4.0 + acre commercial parcels located adjacent to C.R. 951 is are within an Interchange Activity Center designation in the Growth Management Plan (GMP). The permitted uses and structures for this these parcels are as indicated in the following Section 3.3. The 4-.5 4.4 ± acre commercial parcel located adjacent to S.R. 84 is also within the Interchange Activity Center. The permitted uses and structures for this parcel are as indicated in Section 3.4. 3.3 PERMITTED USES AND STRUCTURES — 24.0 30.9 + ACRES AND 4.0 + ACRES ON C.R. 951 — Nor building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Amusement and Recreation Services (Groups 7911 — 7941, 7991, 7993). 2. Apparel and Accessory Stores (Groups 5611 — 5699). 3. Automotive Dealers and Gasoline Service Stations (Groups 5511 — 5599). 4. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7542). 5. Building Materials, Hardware and Garden Supplies (Groups 5211 — 5261). 6. Business Services (Groups 7311, 7313, 7319, 7322 -7323, 7331 -7338, 7361, 7363, 7371 - 7389). 7. Depository Institutions (Groups 6011- 6099). 3 -1 �C 8. Eating and Drinking Places (Groups 5812 - 5813). 9. Engineering, Accounting, Research, Management, and Related Services (Groups 8711 -8713, 8721, 8741 -8743, 8749 -8). 10. Food Stores (Groups 5411- 5499). 11. General Merchandise Stores (Groups 5311 - 5399). 12. Health Services (Groups 8011 -8049, 8082, 8093, 8099). 13. Holding and Other Investment Offices (Groups 6712 - 6799). 14. Home Furniture, Furnishings, and Equipment Stores (Groups 5712 - 5736). 15. Insurance Agents, Brokers, and Services (Group 6411). 16. Insurance Carriers (Groups 6311 - 6399). 17. Legal Services (Group 8111). 18. Membership Organizations (Groups 8611 -6561, 8699). 19. Miscellaneous Repair Services (Group 7631). 20. Miscellaneous Retail (Groups 5912 -5962, 5992 - 5999). 21. Motion Pictures (Groups 7833, 7841). 22. Nondepoitory Credit Institutions (Groups 6111- 6163). 23. Personal Services (Groups 7211, 7212, 7215, 7219, 7221 -7251, 7291, 7299). 24. Real Estate (Groups 6512, 6519- 6553). 25. Recreation (Groups 7911 -7933, 7941, 7993, 7997). 26. Security and Commodity Brokers, Dealers, Exchanges and Services (Groups 6211- 6289). 27. Social Services (Groups 8322 -8351, 8399). 28. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Develop Difeeter Board of Zoning Appeals determines to be compatible in this district. 3 -2 8C an B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.4 PERMITTED USES AND STRUCTURES — 4-5 4.4 + ACRES ON S.R. 84 No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Apparel and Accessory Stores (Groups 5611 - 5699). 3. Auto and Home Supply Stores (Group 5531). 4. Automobile Parking (Group 7521). 5. Business Services (Groups 7311, 7313, 7322 -7338, 7361 -7379, 7384, 7389, except auctioneering service, field warehousing, bottle labeling, packing and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 6. Child Day Care Services (Group 8351). 7. Drug Stores and Proprietary Stores (Group 5912). 8. Eating Places (Groups 5812 only). All establishments engaged in the retail sales of alcoholic beverages for on- premise consumption are subject to locational requirements of Seen.6.10 Section 5.05.01. 9. Electrical Repair Shops (Group 7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 10. Engineering, Architectural, and Surveying Services (Groups 8711- 8713). 11. Food Stores (Groups 5411 -5499) 12. Gasoline Service Stations (Group 5541 subject to Section 2.6.28 5.05.05. 13. Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to See. 2.6.26 Section 5.05.04. 3 -3 8C '40 14. Hardware Stores (Group 5251). 15. Health Services (Groups 8011 -8049, 8082). 16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712 - 5736). 17. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 18. Insurance Carriers, Agents and Brokers Groups 6311 -6399, 6411). 19. Legal Services (Group 8111). 20. Libraries (Group 8231). 21. Management and Public Relations Services (Groups 8741 -8743, 8748). 22. Membership Organizations (Groups 8611- 8699). 23. Miscellaneous Personal Services (Group 7291). 24. Miscellaneous Repair Services (Groups 7629 - 7631). 25. Miscellaneous Retail (Groups 5912 -5963, except pawnshops and all uses dealing with secondhand merchandise, 5922 - 5999). 26. Museums and Art Galleries (Group 8412). 27. Non - depository Credit Institutions (Groups 6111- 6163). 28. Paint, Glass and Wallpaper Stores (Group 5231). 29. Personal Services (Groups 7211, 7212, 7215, 7216 non - industrial dry cleaning only, 7221 -7251, 7291). 30. Public Administration (Groups 9111 -9199, 9229, 9311, 9411 -9451, 9511- 9532, 9611- 9661). 31. Real Estate (Groups 6531- 6541). 32. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 33. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289). 3 -4 8C - 34. United States Postal Service (Group 4311, except major distribution center). 35. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 36. Video Tape Rental B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.5 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred feet (100') C. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. All other yards: Fifteen feet (15'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. D. Maximum Height: Thirty-five feet (35'), except for non - functional architectural elements (such as bell towers), which shall have a maximum height of fifty feet (50'). E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. F. Distance between principal structures: none, or a minimum of five feet (5') with unobstructe4d passage from front to rear yard. G. Minimum standards for signs, parking, lighting, and landscaping shall be in accordance with Collier County Land Development Code in effect as the time final local development orders are requested unless otherwise specified herein under Section 2.9, 2.10 and 2.11. 3 -5 4.1 Reserved. SECTION IV qw 8C an No building or- ' ' affer-ed or- used, or- land of wa used, in whole or in paft, for- other- than the following: 4 -1 IN 4 -1 ............ 8C am MINI 4 -2 _ _ 4 -2 SECTION V ZONE C - LIGHT INDUSTRIAL DISTRICT 5.1 PURPOSE 8C r The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone C on Exhibit "A ", PUD Master Plan. 5.2 GENERAL DESCRIPTION Areas designated as Zone C on the PUD Master Plan are intended to provide a maximum of 450, 989 218,000 square feet of gross floor area of light industrial uses on 34-5 8.0 - 12.4 acres. The floor area ratio (FAR) for the designated industrial land uses is approximately .43, which is below the maximum allowed FAR of .45 required pursuant to the Activity Center sub - district requirements of the FLUE. The permitted uses and structures and development standards for the industrial land uses are similar to the standards required in and Industrial PUD, as set forth in Section 5.3. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. The permitted principal uses and structures will generally consist of corporate offices and headquarters, light manufacturing, processing and packaging, laboratories and clinics, and research, design and product development. Agricultural Services (Group 0782, 0783). 2. Apparel and Other Finished Products (Groups 2311 - 2399). 3. Automobile Rental, Leasing, and Parking (Groups 7513- 7521). 4. Building Construction (Groups 1521 - 1542). 5. Business Services (Groups 7312, 7313, 7319, 7334 -7336, 7342 -7389, including auction rooms (5999), subject to parking and landscaping for retail use). 6. Communications (Groups 4812 -4899) subject to At4iele 2, Division 2 Seetion 2.6.0 3`T�S: Section 5.05.09 of the Collier County Land Development Code, not to include free standing towers. 7. Construction - Special Trade Contractors (Groups 1711- 1799). 5 -1 8. Eating Places (5812). C we 9. Educational Services (8243- 8249). 10. Electronic and Other Electrical Equipment (Groups 3612 - 3699). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711 - 8748). 12. Fabricated Metal Products (Groups 3411 -3479, 3491- 3499). 13. Food and Kindred Products (Groups 2011 -2099, except slaughtering plants). 14. Furniture and Fixtures (Groups 2511- 2599). 15. Health Services (8011 accessory to industrial activities conducted on -site only). 16. Industrial and Commercial Machinery and Computer Equipment (3511- 3599). 17. Justice, Public Order, and Safety (Groups 9221, 9224, 9229). 18. Local and Suburban Transit (Groups 4111- 4173). 19. Lumber and Wood Products (Groups 2426, 2431 - 2499). 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (Groups 3812 - .873). 21. Membership Organizations (Group 8611). 22. Miscellaneous Manufacturing Industries (Groups 39114 -3995, 3999). 23. Motion Picture Production and Distribution (Groups 7812- 7829). 24. Motor Freight Transportation and Warehousing (Groups 4212, 4213, 4215 -4226 except oil and gas storage, and petroleum and chemical bulk stations). 25. Personal Services (Groups 7211- 7219). 26. Printing, Publishing and Allied Industries (Groups 2711- 2796). 27. Recreation (Group 7991). 5 -2 8 c a- 28. Social Services (Groups 8331, 8351). 29. Transportation Equipment (Groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 30. Transportation Services (Groups 4731, 4783). 31. United States Postal Service (4311). 32. Miscellaneous Repairs (7622- 7699). 33. Wholesale Trade - Durable Goods (Groups 5012 -5014, 5021 -5049, 5063- 5092, 5094 - 5099). 34. Wholesale Trade - Nondurable Goods (Groups 5111 -5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192 - 5199). 35. Any other light industrial use of service which is comparable in nature with the foregoing uses and which the Development c D Board of Zoning Appeals determines to be compatible in this district. B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20 %) of the gross floor area of the permitted principal uses. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: One (1) acre. B. Minimum Lot Width: One hundred twenty -five (25'). C. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25). 2. All Other Yards: Twenty feet (20'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. 4. Minimum Building Setback from Perimeter Boundary of PUD: 5 -3 8C A. Fifty feet (50') for buildings up to thirty -five feet (35') in height. B. Three feet (3') for every one foot of building height over thirty - five (35') adjoining residential districts. D. Maximum Height: Fifty feet (50') E. Minimum standards for signs, parking, lighting and landscaping shall be in accordance with Collier County Land Development Code in effect at the time final local development orders are requested, unless otherwise specified herein under Sections 2.9, 2.10 and 2.11. F. No outside storage or display shall be permitted, all manufacturing, etc., shall be conducted in a fully enclosed building. G. Fencing along property lines of platted lots and PUD boundaries shall be designed to be decorative and shall be constructed of materials such as but not limited to wood, concrete, masonry, vinyl, etc. 5 -4 SECTION VI RESERVE 6.1 PURPOSE 8C '- The purpose of this Section is to set forth regulations for areas within WESTPORT designated as Reserve on Exhibit "A ", PUD Master Plan. 6.2 GENERAL DESRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate conservation and limited water management uses and functions. The primary purpose of the Reserve is to retain approved Collier County wetland systems. The boundary of the Reserve was established using the Collier County wetland jurisdiction delineation as depicted on Exhibit B, Aerial Photograph. 6.3 PERMITTED USES AND STRUCTURES No building or structure, part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Open space /nature preserves. 2. Passive recreational areas and boardwalks. 3. Biking, hiking, nature trails, excluding asphalt paved surfaces. 4. Water management facilities and structures. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development c °n ees Dim Board of Zoning Appeals determines to be compatible in the Reserve District. 6.4 RESERVE CONSERVATION EASEMENT A non - exclusive conservation easement or tract is required by Collier County Land Development Code See�?.2� 4�,.3 Section 3.05.07 for preservation lands included in the Reserve. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. 6 -1 low SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the Conservation/Preservation areas, shall be submitted to Project Plan Review Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.2 UTILITES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designated, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88 -76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The utilities for the project's water distribution and wastewater collection systems shall be designed and constructed to connect the project to the District's facilities in accordance with County criteria and the County's Master Plan. D. In order to assure utilities serve to this project, the existing off -site water distribution and sewage transmission facilities of the District must be evaluated for hydraulic capacity and improved as required, consistent with the County's Master Plan. E. Developer shall dedicate to the County an easement for a water well site in the location shown on Exhibit "D" F. Developer shall negotiate with Utilities Staff to convey a 30 foot water main easement along Collier Boulevard (C .R. 95 1), and to determine the feasibility of locating a second potable water well site within this easement 7.3 WATER MANAGEMENT A. A copy of South Florida Water Management District Permit or Early Work Permit with staff report is required prior to final site development plan approval. B. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. 7 -1 8C oft C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of Collier County Or-dinane-e-314e. 92 73 Article IV, Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida and South Florida Water Management District rules. D. Prior to site development plan approval, a Big Cypress Basin (SFWMD) right -of- way permit allowing the crossing of drainage basin boundaries and allowing discharge into Henderson Creek shall be submitted. E. Authorization from South Florida Water Management District to direct stormwater runoff into the property to the south shall be provided prior to construction plan approval. F. A cross - section of perimeter berm shall be provided prior to preliminary subdivision plat approval. G. Prior to construction plan approval, it shall be demonstrated that Henderson Creek has the capacity to handle the discharge from Westport Commerce Center. 7.4 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 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 li hting must be in place prior to the issuance of the first Certificate of Occupancy (CO) 7 -2 rrrr M. NOW 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 li hting must be in place prior to the issuance of the first Certificate of Occupancy (CO) 7 -2 8C oft C. Access points, including both driveways and proposed streets shown on the PUD Master Plan are considered to be conceptual Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions All such access shall be consistent with the Collier County Access Management Policy (Res 01 247 ), as it may be amended from time to time and with the Collier County Long Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan however, no additional access points shall be considered unless a PUD Amendment is to be processed D. Site - related improvements (as opposed to system- related improvements) necessary for safe ingress and egress to this project as determined by Collier County, shall not be eligible for impact fee credits All required improvements shall be in place and available to the public prior to the issuance of the first CO E. Impact fees shall be paid in accordance with Collier County Ordinance 01 13 as amended, and Section 10.02.07 of the LDC as it may be amended F. All work within Collier County rights -of -way or public easements shall require a Right -of -Way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247 ), as it may be amended and the LDC, as it may be amended Collier. County reserves the right to modify_ or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health safety and welfare of the public Any such modifications shall be based on but are not limited to safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point Neither will the existence of a point of ingress, a point of egress or a median opening nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title or assignee. I. All internal roads, driveways alleys pathways sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right- of-way or easement compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement K. 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 7 -3 8C., -F,--aft 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. L. The adjacent development to the west has been designed to provide shared access or interconnection with this development. The PUD Master Plan indicates this location. The developer, or assigns shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. An easement agreement has been entered into by and between Holland Davis LLC and Market Center Association Inc. dated on or about November 15 2005 which shall be recorded in the Public Records of Collier County, Florida as a condition of approval. 7 -4 MDOWWVH 'IVQ30 cnd y BA s � o_ J 0 U y1 d'J�B C ry W asaaag a 3cLu a U) Q JQ U F- � 0 o G U) W rA a Ix p o W w CW!] E- U �I F z F a oI x r U U W- W d ,'7w W U IA Z =4 H—H 0N U c'ZW Ip, YF O 0 WU W aaaane a aaaa, y BA s � o_ J 0 U y1 d'J�B C ry Cl) u N a 0 J a a a Q Q Q O P7 r C6 r N n u n Q r a N Z W Z N r Z U v U. 0 0 Z 0 a Y it (? ~O v� k CL N N a g v ? g a�aane n amur _____O'S 'ON 2IS) alIVAa-lnOH SIAVa al �I w� z �z 0 N A RM U �w 0 I Lll� z U^ 6 0 N U U a a h 0 U h 0. h Q � N N N O lS h J� W a U) Q JQ U F- � 0 o G U) W rA Cl) u N a 0 J a a a Q Q Q O P7 r C6 r N n u n Q r a N Z W Z N r Z U v U. 0 0 Z 0 a Y it (? ~O v� k CL N N a g v ? g a�aane n amur _____O'S 'ON 2IS) alIVAa-lnOH SIAVa al �I w� z �z 0 N A RM U �w 0 I Lll� z U^ 6 0 N U U a a h 0 U h 0. h Q � N N N O lS h J� �7, I i 4 t 2i a a 8Qy - jil i Lolem .0 r WlrainnrX CDFnPMCrnu CAP"Sgf. A 0 rt r� V ftm ,., . r Exhibit "B" ' - ItA t 0 T 3 ;It J via t Ul 0 • • Al;j! 14 X--r -01A I- 4 "till V. T p grg-j jr, +ji r� I' I I'+ I III + III I' y � IC 1 ►1i '.I II: LI I� I I !I I I �nl h Ipl r I ICI I ml I , dJ '� ii I� e � I x x�0 �I f I I I I I I II i I , I I, I I ilk r` I Ir I i p I I I I i y I I l I J I— I „ I I I 0 1j W II I ------------- . . . . . . I � I � I � , iP mm I ,i DAMS HOUL6VARD (SR No. 84) - - -- MARKET CENTER EASEMENT AREA EXHIBIT WR -I ASSOCIATES, LTD. 570 DELWARE AVENUE BUFFALO, NY 14202 -1207 s I D STATE OF FLORIDA) COUNTY OF COLLIER) sc I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -62 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of November, 2005. DWIGHT E. BROCK Clerk of Courts and, .'rk, Ex- officio to Boc. County Commisspne,�� ` D By: Ann ten ej c �h,. \c Deputy Clerk` \" J 34010r, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Kay Deselem ( Date: j '7�7,o. Petition No. (If none, give brief description): PUDZ- 2004 -AR -6906, Cirrus Pointe PUD Petitioner: (Name & Address): Hoover Planning & Development, Inc., William L. Hoover, AICP, 3785 Airport Rd. N., Suite B -1, Naples, Fl. 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) James Fields, 15544 Monterosso Lane #2, Naples, Fl. 34110 Hearing before BCC BZA Other Requested Hearing date:_ ( 5 05 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ- 2004 -AR -6906, James J. Fields, contract purchaser, represented by William Hoover of Hoover Planning and Development, Inc., is requesting: a rezone from the Residential Multi- Family -6 (RMF -6) with a Bayshore Mixed Used District - Residential (BMUD -R2) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Cirrus Pointe PUD, to allow for a multi - family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this project for low- income residents that will include a maximum of 32 units designated as Affordable Housing units. The subject property, consisting of 9.92 acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: Ig 0 epartment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE UU ONLY: Date Received: gyp— 1 Date of Public hearing: Date Advertised: to 36 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH BMUD -R2 OVERLAY TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD -R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW -INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE .AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing James Fields, petitioned the Board of County Commissioners, in Petition Number PUDZ- 2004 -AR -6906, 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 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the RMF -6 Zoning District with BMUD -R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning District with BMUD -R2 Overlay for a project to be known as the Cirrus Pointe RPUD, to allow for a multi - family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this project for low - income residents that will include a maximum of 32 units designated as affordable housing units in accordance with the Cirrus Pointe RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. 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. Page 1 of 2 8 D � SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 32005. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, CLERK FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: rv-1 Marjorie M. Student- Stirling Assistant County Attorney PUDZ- 2004 -AR- 6906 /KD /sp Page 2 of 2 8 D 8 CIRRUS POINTE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED October 5. 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS 11 � D 1 PAGE 1 3 5 9 13 14 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT /UTILITY PLAN EXHIBIT "C" LOCATION MAP TABLE DEVELOPMENT STANDARDS n 30*= STATEMENT OF COMPLIANCE The development of approximately 9.92± acres of property in Collier County, as a Planned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units /per acre density bonus, pursuant to the companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Project Within the Urban Coastal Frinqe Subdistrict Base Density 4 dwelling units /acre Traffic Congestion Area - 1 dwelling units /acre Affordable Housing Density Bonus +8 dwelling units /acre Maximum Permitted Density 11 dwelling units /acre Requested density = 10.89 dwelling units /acre Maximum permitted units = 9.92 acres x 11 dwelling units /acre = 109 units Requested dwelling units = 108 1 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development Code. 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE or 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 Cirrus Pointe Residential PUD. LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of the Public Records of Collier County, Florida." PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110. GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF -6 Zoning with BMUD -R2 Overlay and is proposed to be rezoned to RPUD with the BMUD -R2 Overlay. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Coastal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is a Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet $ D 1 NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake /natural vegetation areas prior to discharge into the drainage easement along the eastern property boundary. The water management system will be permitted by Collier County per South Florida Water Management District (SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre- treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #7 — Immokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the mid -story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi - family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance ". 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 1 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Cirrus Pointe RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD -R2 Overlay District. 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 of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Cirrus Pointe RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development Code. E 8 p 44 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", PUD Master Plan and the water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit "A ". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 configurations and contain the same general acreage as shown by Exhibit "A ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. 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. Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.41 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT -OF -WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre. Any project with a density of more than 3.0 dwelling units /per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). MMI 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A ", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. 8 D r 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. 8 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE ow The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A ", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre. Any project with a density of more than 3.0 dwelling units /per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi- family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 7 8 p 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirrus Pointe RPUD. 10 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1 -Story 2 -Story 3 -Story and 4 -Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1 -Story and 2 -Story Homes 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main /Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI - FAMILY NA NA 15'(2) 7.5' 10' 11.25' 20' 10' 15' 25' (3) 10' 25' 10' 20' 15' 20' 22.5' 10' 40' or 3 habitable stories over parking 15' 0 Minimum Floor Area 1526 Sq. Ft. Garage /Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi - family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. 11 B. Off - Street Parking and Loading Requirements: Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07.02G.2. of the Land Development Code, shall be provided on -site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be provided on -site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. The owner /developer has agreed to provide a total of 2.21 acres of preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscapinq and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE 4031W The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 13 8 SECTION V 9 DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the 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 follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. 14 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90 -10, as amended. 5.7 UTILITIES 15 �s A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04 -31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water /Sewer District and is subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity" from the City of Naples. C. Although the site is entirely within the Collier County Water /Sewer District, potable water is served by the City of Naples. Even though the site contains a 4 -inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4 -inch force main, connection to either the 12 -inch force main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall be preferred. 5.8 TRAFFIC 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. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no 16 additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County — Ordinance 01 -13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against Collier County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights -of -way or easements, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, 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 17 8 D and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. 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. M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6 -foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. 5.10 ENVIRONMENTAL A. 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 Staff. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation /preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Buffers and setbacks shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. 18 [go I 00� C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan /construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation /preservation areas. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD 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 Services Staff for review and approval prior to site development plan approval. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. J. 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 plants (in perpetuity) shall be the responsibility of the property owner. 19 'ARE October 20, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ - 2004 -AR -6906, Cirrus Pointe PUD Dear Legals: Please advertise the above referenced notice on Sunday, October 30, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold Deputy Clerk P.O. /Account # 113 - 138312 - 649110 10* r NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, November 15, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH BMUD -R2 OVERLAY TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD -R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW - INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ- 2004 -AR -6906, James J. Fields, contract purchaser, represented by William Hoover of Hoover Planning and Development, Inc., is requesting: a rezone from the Residential Multi - Family -6 (RMF -6) with a Bayshore Mixed Used District - Residential (BMUD -R2) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Cirrus Pointe PUD, to allow for a multi - family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this project for low- income residents that will include a maximum of 32 units designated as Affordable Housing units. The subject property, consisting of 9.92 acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. 8 D ' Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Heidi R. Rockhold 0 From: Heidi R. Rockhold Sent: Thursday, October 20, 2005 11:29 AM To: 'legals @naplesnews.com' Subject: PUDZ- 2004 -AR -6906, Cirrus Pointe PUD Attachments: PUDZ- 2004- AR- 6906.doc; PUDZ -- 2004- AR- 6906.doc Legals, Please advertise the above mentioned notice on Sunday, October 30, 2005 �C 0-1 PUDZ - 2004 -AR -690 PUDZ -- 2004 -AR -69 6.doc (29 KB) 06.doc (31 KB)... If you have questions, please call. Thank you, Heidi R. Rockhold, Hinutes and Records Department 239- 774 -8411 ( Heidi. rockholdC(�clerk. collier. fl. us) Heidi Rockhold • Heidi R. Rockhold From: ClerkPostmaster Sent: Thursday, October 20, 2005 11:29 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT3956025.txt; PUDZ- 2004 -AR -6906, Cirrus Pointe PUD El LI ATT3956025.txt PUDZ- 2004 -AR -690 (231 B) 6, Cirrus Poin... This is an autoiiiatically generated ted Delii erl, ,Status ,,Vo iif ctitioil. Your message has been successfully relayed to the.1611ovvi l4y recipients, but the requested deliveiy Status notifications mar not be yE'nerate( lii% the £lE.'StillClti( ill. /e al` {,( .naplesneWS. coin Heidi Rockhold 8 n Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, October 20, 2005 11:28 AM To: Heidi R. Rockhold Subject: Delivered: PUDZ- 2004 -AR -6906, Cirrus Pointe PUD Attachments: PUDZ- 2004 -AR -6906, Cirrus Pointe PUD LLJ PUDZ- 2004 -AR -690 6, Cirrus Poin... `<P(.IT)7- 2004- AR- 0.906. Cirrus Pointe P(.1T) >> Your ines.sctge To.- lena ls(rr naplesnei vs. coin Sul?jec°t.• P.ID7- 2004 -AR -6906, Cirrus Pointe Pt.jD Sent: Thu, 20 Oct 2005 1.1:28:35 -0400 1111as delivered to the_following recipient(s): legals on Thad, 20 Oct 2005 11:28:04 -0400 Heidi Rockhold PUDZ- 2004 -AR -6906, Cirrus Pointe PUD Heidi R. Rockhold From: Regel, Dagmar [dpregel @naplesnews.com] Sent: Thursday, October 20, 2005 4:24 PM To: Heidi R. Rockhold Subject: RE: PUDZ- 2004 -AR -6906, Cirrus Pointe PUD received - - - -- Original Message---- - From: Heidi R. Rockhold [ma i Ito: Heidi. Rockhold @clerk.colIier.fl. us] Sent: Thursday, October 20, 2005 11:29 AM To: legals @naplesnews.com Subject: PUDZ- 2004 -AR -6906, Cirrus Pointe PUD Legals, Page 1 of 1 8 D " Please advertise the above mentioned notice on Sunday, October 30, 2005 «PUDZ- 2004- AR- 6906.doc>> «PUDZ -- 2004- AR- 6906.doc>> If you have questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 ( heidi .rocichold(a�),clerk.collier. fl. us) 10/21/2005 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113- 138312- 649110 59128025 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/30 10/30 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, No. vember 15, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 East ,Tamiami Trail, Naples, Florida, the Board of .:County Commissioners will consider the enact- ment of a Count Ordi- nance. The meeting will commence at 9:00 A.M. The title of the pro - pposed ordinance Is as f0, lows. SAN ORDINANCE AMEND- ING ORDINANCE NUM- BER 2004 -41, AS AMEND- ED, THE COLLIER COUN- TY LAND DEVELOPMENT CODE, WHICH INCLUDES .THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPO- RATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPRO- PRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH BMUD -R2 OVER- LAY TO THE RESIDEW TIAL PLANNED UNIT DE- VELOPMENT (RPUD) ZONING DISTRICT WITH BMUD -R2 OVERLAY FOR A PROJECT TO BE NOWN AS THE CIRRUSI 1 POINTE RPUD, TO AL- LOW FOR A MULTI - FAMI -�' LY PROJECT OF UP TOI, 108 RESIDENTIAL UNITS;' AND, CONSIDERATION AND APPROVAL OF ANI TY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) iN THE DEVELOPMENT OF THIS PROJECT FOR LOW- INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AF- FORDABLE HOUSING UNITS LOCATED AT THE AD SPACE: 205.000 INCH EaST�CO TIER CO NTY FILED ON: 10/31/05 FLORIDA,. CONSISTING, ----------------------- --------- ---------- ----- - -- + -- OF 9.92 ACRES: AND BY; -- - TIVE DATE. PROVIDING AN EFFEC -I Signature of Affiant ,�_ /// Sworn to and Subscribed before me this ?j! day of L_ 20 G C Personally known by me �s He rnetl BI none 4 PUDZ - 2.004 -AR -6906, James J. Fields, contra Cppurchaser, represente y William Hoover o Hoover Planning and, Development, Inc., is re- questing: a rezone from the Residential Multi - Family -6 (RMF -6) with a Bayshore Mixed Used District- Residential (41MUD -R2) zonin dis- trict tb the Residential Planned Unit Develop- ment (RPUD) zoning dis- trict for a project to be known as the Cirrus' Pointe PUD, to allow for a multi - family project of up to 108 residential units; and, considera- tion and approval of an affordable housing den - sity bonus .agreement authorizing the develop; er to utilize affordable h ,)usingg bonus density units (In the amount of 78 units at 7.89 bonus density units per acre) In the development of this project for low - Income residents that will Include a maximum of 32 units designated as Affordable Housing units. The subject prop- erty, consisting of 9.92'. acres, is located at the', northeast corner of Bay shore Drive and Thom arson Drive, id Section' 14, Township,50 South,) Range 25 East, Collier' County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspection. All Inter- ested parties are Invited to attend and be heard. NOTE: All persons wish- ing to speak on any agenda Item must.regis- ter with the County ad- ministrator prlor.to pre- sentation of the agenda Item to be addressed. Individual speakers will be limited rakers minutes on any Item. The selec- tion of an Individual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization' may be allotted 10 min- utes to speak on an Item. Persons wishing to have written or graphic ma- terials included In the Board agenda packets must submit said ma- terlal a minimum of 3 weeks prior to the re- spective public hearing. In anY case, written ma- terials intended to'be m en ass prior to the public earing. All ma. terial used in presenta- tions before the Board will become a perma- nent part of the record. Any person who decid- es to appeal a decision of the Board will need a record of the prcceed. Ings pertaining thereto and therefore, may need to ensure that a verba- tim record of the pro. ceedings IS made which record includes the tes. timony and evidence upon which the appeal) Is based. BOARD OF COUNTY COMMISSIONERS CUNT, FLORIDA FRED W. COYLE, CHAIRMAN DW C EIKHT E. BROCK, By: Heidi R. Rockhold, ((S Lty Clerk October 30 Nn. 179;1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP` Q 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ! �,�1 CJ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce ti m of the Chairman's si nature, draw a line throu h routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office List in routin order Initials Date 1- Sandra Lea CDES Administration 2.X-- K] 0 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to annrove the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Attached Kay Deselem November 15, 2005 Ordinance and Phone Number 213 -2931 Agenda Item Number 8.D. Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, Original document has been signed/initialed for legal sufficiency. signed by the Chairman, with the exception of most letters, must 1 by the Office of the County Attorney. This includes signature pag resolutions, etc. signed by the County Attorney's Office and signs contracts, agreements, etc. that have been fully executed by all pa Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike - through and revisions have been initialed b Office and all other parties except the BCC Chairman and the Cie]' The Chairman's signature line date has been entered as the date of document or the final negotiated contract date whichever iQ a., N,.. "Sign here" tabs are placed on the appropriate pages indicating wl mature and initials are required In most cases (some contracts are an exception), the original docut should be provided to Sue Filson in the BCC office within 24 hour Some documents are time sensitive and require forwarding to Tall,, time frame or the BCC's actions are nullified. Be aware of our de The document was approved by the BCC on November 15, 20C during the meeting have been incorporated in the attached doc Attorney's Office has reviewed the changes, if applicable. whichever is Yes N/A (Not Initial) A licable) (All documents to be )e reviewed and signed es from ordinances, ture pages from 'ties except the BCC �X y the County Attorney's •k to the Board 'BCC approval of the able. iere the Chairman's 1�- nent and this routing slip s of BCC approval. thassee within a certain adlines! 5 and all changes made ument. The County I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 L ORDINANCE NO. 05 - 6 3 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RMF -6 ZONING DISTRICT WITH BMUD -R2 OVERLAY TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITH BMUD -R2 OVERLAY FOR A PROJECT TO BE KNOWN AS THE CIRRUS POINTE RPUD, TO ALLOW FOR A MULTI- FAMILY PROJECT OF UP TO 108 RESIDENTIAL UNITS; AND, CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 78 UNITS AT 7.89 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW -INCOME RESIDENTS THAT WILL INCLUDE A MAXIMUM OF 32 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS LOCATED AT THE NORTHEAST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.92 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing James Fields, petitioned the Board of County Commissioners, in Petition Number PUDZ- 2004 -AR -6906, 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 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the RMF -6 Zoning District with BMUD -R2 Overlay to the Residential Planned Unit Development (RPUD) Zoning District with BMUD -R2 Overlay for a project to be known as the Cirrus Pointe RPUD, to allow for a multi - family project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this project for low- income residents that will include a maximum of 32 units designated as affordable housing units in accordance with the Cirrus Pointe RPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. 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. Page 1 of 2 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 1,1 1� rld�� 2005. ATTEST: k? ICHTyyE�; BR , C � RK -Yte y�, tji pWrr airs"eS Approved as to Form and Legal Sufficiency: Marjori . Student- Stirling Assistant County Attorney PUDZ- 2004- AR- 6906/KD /sp Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W FRED W. COYLE, CHA±&AN T CIRRUS POINTE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES J. FIELDS 15544 MONTEROSSO LANE #2 NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED December 2, 2004 DATE REVISED October 29, 2005 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005 -63 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS ii PAGE 1 3 5 9 13 14 E7% Eli LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT /UTILITY PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS [III [I% STATEMENT OF COMPLIANCE The development of approximately 9.92± acres of property in Collier County, as a Planned Unit Development to be known as the Cirrus Pointe RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Cirrus Pointe Residential PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on the Future Land Use Map. The project is located within the Traffic Congestion Boundary and the Bayshore Gateway Triangle Redevelopment Overlay. Also, the project qualifies for an 8 dwelling units /per acre density bonus, pursuant to the companion Affordable Housing Density Bonus Agreement. The projected density of 10.89 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Affordable Housing Proiect Within the Urban Coastal Frinae Subdistrict Base Density 4 dwelling units /acre Traffic Congestion Area - 1 dwelling units /acre Affordable Housing Density Bonus +8 dwelling units /acre Maximum Permitted Density 11 dwelling units /acre Requested density = 10.89 dwelling units /acre Maximum permitted units = 9.92 acres x 11 dwelling units /acre = 109 units Requested dwelling units = 108 I smi 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development Code. LOA 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 the Cirrus Pointe Residential PUD. 1.2 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of the Public Records of Collier County, Florida." 1.3 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third Street, Suite 300, Naples, Florida 34102. The property is under purchase contract by James Fields, 15544 Monterosso Lane #2, Naples, Florida 34110. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection between Bayshore Drive and Thomasson Drive (unincorporated Collier County), Florida. B. The entire project site currently has RMF -6 Zoning with BMUD -R2 Overlay and is proposed to be rezoned to RPUD with the BMUD -R2 Overlay. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Coastal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is a Collier County maintained ditch located along the eastern property boundary. The ditch outfalls to the south into a swale that runs along Thomason Drive. Natural ground elevation varies from 1.64 feet NGVD within the eastern drainage area to 7.26 feet NGVD along the western property line. The site is typically about 4 to 5 feet NGVD with the average elevation being approximately 4.7 feet EL Nw NGVD. The entire site is located within FEMA Flood Zone "AE" and the site is base flood elevation 8.0 feet NGVD. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake /natural vegetation areas prior to discharge into the drainage easement along the eastern property boundary. The water management system will be permitted by Collier County per South Florida Water Management District ( SFWMD) rules. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre- treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #7 — Immokalee Fine Sand. The site vegetation consists primarily of slash pine with scattered cabbage palm. saw palmetto, beauty berry, wax myrtle, and staggerbush were present in the mid -story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. 1.6 PROJECT DESCRIPTION The Cirrus Pointe RPUD is a project comprised of a maximum of 108 residential units. These units are intended for development as a multi - family project. Recreational facilities, including a swimming pool and cabana, will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential Planned Unit Development Ordinance ". 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Cirrus Pointe RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District, Bayshore Drive Mixed Use Overlay District, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and early work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. The project will comply with all applicable overlay requirements of the BMUD -R2 Overlay District. 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 of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Cirrus Pointe RPUD shall become part of the regulations, which govern the manner in which the RPUD site may be developed. D. Unless modified, waived, or excepted by this RPUD, the remaining provisions of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 6.02.00 and Section 10.02.07, Adequate Public Facilities Requirements of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A ", PUD Master Plan and the water management and utility layout is illustrated graphically on Exhibit "B" Water Management/Utility Plan. There shall be a residential land use tract, a preserve area tract, plus necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit "A ". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 configurations and contain the same general acreage as shown by Exhibit "A ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or site development plan approval, subject to the provisions of Sections 10.02.04 and 10.02.03 respectively, of the Collier County Land Development Code, or as otherwise permitted within this RPUD Document. C. 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. Exhibit "A" is anticipated to be comprised of the following areas and applicable acreages. AREA ACREAGE PRESERVE AREA 1.81 Acres LAKES 0.41 Acres DRAINAGE EASEMENT 0.38 Acres RIGHT -OF -WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre. Any project with a density of more than 3.0 dwelling units /per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 6 LOA 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A ", RPUD Master Plan and Exhibit "B" RPUD Water Management/Utility Plan constitute the required RPUD Development Plan. Subsequent to or concurrent with RPUD approval, a subdivision plat, if applicable, shall be submitted for the entire area covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with Section 4.03.00 Subdivision Design and Layout of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section 10.02.03 of the Land Development Code prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a subdivision plat per Section 10.02.04 of the Land Development Code. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Section 5.04.03 of the Land Development Code. Eli 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Amendments may be made to the RPUD as provided in Subsection 10.02.13E. of the Land Development Code. 2.8 PROPERTY OWNERS' ASSOCIATION FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces. s i SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A ", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units /per acre. Any project with a density of more than 3.0 dwelling units /per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi- family dwellings. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse. 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. E 3.4 DEVELOPMENT STANDARDS . A. Table I sets forth the development standards for land uses within the Cirrus Pointe RPUD. 10 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback (1) Side Yard Setback (1) 1 -Story 2 -Story 3 -Story and 4 -Story Rear Yard Setback (1) Principal Structure Accessory Structure RPUD Boundary Setback (1) 1 -Story and 2 -Story Homes 3 -Story and 4 -Story Homes Accessory Structure Preserve Area Setback Principal Structure Accessory Structure or infrastructure Lake Setback (4) Distance Between Structures Main /Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: Principal Building Accessory Building MULTI - FAMILY NA NA 15'(2) 7.5' 10' 11.25' 20' 10' 15' 25' (3) 10' 25' 10' 20' 15' 20' 22.5' 10' 40' or 3 habitable stories over parking 15' ME Minimum Floor Area 1526 Sq. Ft. Garage /Storage Area Below building parking for 2 cars and additional storage area will be provided for each unit. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2) The multi - family minimum front -yard setback shall be increased to 23 feet where both perpendicular parking and a 5 -foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. 11 B. Off - Street Parking and Loading Requirements: Parking shall be as required by Section 4.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Subsection 4.07.02G.2. of the Land Development Code, shall be provided on -site for any residential project. 2. A minimum of 1.81 acres of preserve areas are required to be provided on -site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Development Code. The owner /developer has agreed to provide a total of 2.21 acres of preserve areas. These shall consist of 1.43 acres of retained existing native vegetation areas and 0.78 acres of newly created and replanted native vegetation areas, as shown on the RPUD Master Plan. D. Landscaping and Buffering Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Section 5.06.00 of the Collier County Land Development Code. 12 owl, SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 13 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of the 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 follow the RPUD Master Plan and the regulations of this RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 RPUD MASTER PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 10.02.13E. of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for development in one or two phases and construction is anticipated to commence as soon as all development permits and financing are in place. 14 5.5 5.6 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Section 10.02.04, Subdivision Design and Layout and Section 10.02.03, Site Development Plans. WATER MANAGEMENT A. If applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access by maintenance crews and equipment. B. A copy of the SFWMD Surface Water Permit, permit modification, or waiver shall be submitted at the time of site development plan application. C. An excavation permit shall be required for any proposed lake(s) in accordance with the Collier County Code of Laws and Ordinances and SFWMD Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional engineer shall be provided at the time of site development plan submittal. F. Maximum allowable discharge rates must be in compliance with Ordinance No. 90 -10, as amended. 5.7 UTILITIES 15 WWI LOA A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04 -31, as amended, and other applicable County rules and regulations. B. This RPUD is located within the Collier County Water /Sewer District and is subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD shall also be subject to submission and conditions of a "Statement of Availability Capacity" from the City of Naples. C. Although the site is entirely within the Collier County Water /Sewer District, potable water is served by the City of Naples. Even though the site contains a 4 -inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4 -inch force main, connection to either the 12 -inch force main on Bayshore Drive or 12 -inch force main on Thomasson Drive shall be preferred. 5.8 TRAFFIC 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. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy. C. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on any such RPUD Master Plan shall vest any right of access at any specific point along any property frontage. All such access points shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -Range Transportation Plan. The number of access points constructed may be less than the number depicted on the RPUD Master Plan; however, no 16 .�i additional access points shall be considered unless a subsequent RPUD amendment is approved. D. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy. E. Road impact fees shall be paid in accordance with Collier County — Ordinance 01 -13, as amended, and Section 10.02.07 of the Land Development Code, as amended. F. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. G. All proposed median openings shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as amended, and the Land Development Code, as it may be amended. Collier County reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right -in /right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against Collier County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights -of -way or easements, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. K. If in the sole opinion of the Collier County Transportation Division, 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 17 and shall be paid to Collier County before the issuance of the first certificate of occupancy. L. Adjacent developments have not been designed to provide shared access or interconnections with this development. 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. M. The developer shall replace the temporary asphalt sidewalk along Thomasson Drive with a 6 -foot wide concrete sidewalk prior to the issuance of the first certificate of occupancy. N. Prior to approval of the site development plan, the owner shall deed over the right -of -way easement located at the southwest corner of the subject property to Collier County. 5.9 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. The developer shall construct a swimming pool and cabana prior to the first residential unit in the project receiving a certificate of occupancy. C. The developer shall pay 1/3 of the costs, as determined by the Bayshore MSTU, of providing Bayshore Drive type architectural streetscape within the northern half of the Thomasson Drive right -of -way along the project's entire frontage of about 1300 feet along Thomasson Drive. Such payment shall be made to the Bayshore MSTU prior to approval of the project's site development plan. 5.10 ENVIRONMENTAL A. 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 Staff. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All conservation /preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the 18 ED plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier county with no responsibility for maintenance. Buffers and setbacks shall be provided in accordance with Section 3.05.07 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Services Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan /construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation /preservation areas. E. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. F. All agency permits shall be submitted prior to final plat/construction plan approval or site development plan approval. G. This RPUD shall comply with the environmental sections of the Collier County Land Development Code and appropriate environmental sections of the Growth Management Plan in effect at the time of final development order approval. H. This RPUD 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 Services Staff for review and approval prior to site development plan approval. 10 I. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. J. 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 plants (in perpetuity) shall be the responsibility of the property owner. 20 90%0, N Y� Yygy= 7 m m � (A M o0 tl �� I MM-0 R;5 OM r Y N m-u N 3 {� z Z � is Z z . n z zz m y 1� O, mN N Z 1 z gill P q1, oI $ N G L — C-3 ZONING — UNDEVLOPED — — SAYSHORE DRIVE (RM VARIES) (4 -OWES) �• 1 =--- - - - - -= ---- - = = - -- - - - -- - -- Z2 ig r xli f ic ti I i { { I mAj • I L, I I i m i m 1 -01< No < I EL it � �� ►�i�g��,' F I Ihm N z K I I C - -- anwwcuma —__-4 4N r i N= n`i P, Y� QO 7 S w � Y01 o� 0 �± i ism N a ow 014 po , f� IZ � 110 o �Z Z z z 0 m �' z �� p TmT m sy zoN NN0 LS z i M Lit -I! i r " I i C-3 MINI NG UNDEVIOPED BAYSHORE DRIVE OM VARIES) mm� v� ...- - W N �s y�u -Or C mZ"Z �C m fl m m m ° F z �± i ism N a ow 014 po , f� IZ � 110 o �Z Z z z 0 m �' z �� p TmT m sy zoN NN0 LS z i M Lit -I! i r " I i C-3 MINI NG UNDEVIOPED BAYSHORE DRIVE OM VARIES) mm� v� ...- - W N Prepared by: Patrick G. White Ass't. Collier County Aft' y. 3301 Tamiami Trial East Naples, FL 34112 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2005, by and between James J. Fields (the "Developer ") and the Collier County Board of County Commissioners (the "Commission "), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property "). It is the Developers intent to construct a maximum of 108 residential units (the "Units ") at a density of 10.89 units per gross acre on the Property. The gross acreage of Property is 9.92 acres. The number of affordable Units constructed by Developer shall be 32 , representing 30 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable RECEIVED Rev 9/3/2003 Page 1 of 30 JUL 2 5 2005 PLANNING SERVICES DEPARTMENT Housing Density Bonus Ordinance No. 90 -89, now codified by Ordinance 04 -41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 78 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 7.89 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 32 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site Page 2 of 30 E development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three -step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and Page 3 of 30 occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible Page 4 of 30 X:1j i family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 3 units per acre, and is therefore granted a density bonus of 7.89 density bonus units per acre, for a total density (total = Page 5 of 30 density bonus units per acre X gross acreage) of 11.89 units /ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 108 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - receipt requested U.S. Mail, or hand - delivery to the person or developer in violation. Page 6 of 30 E� The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: Page 7 of 30 E� To the Commission: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: James J. Fields 15544 Monterosso Lane #2 Naples, FL 34110 With copy to: Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. Page 8 of 30 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non - discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes Page 9 of 30 place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 30 percent affordable housing units for this project, with 30 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Page 10 of 30 EIJ Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk By: FRED W. COYLE, CHAIRMAN Ap oved t form and legal sufficiency: 1 Patrick G. W ite Assistant County Attorney Page 11 of 30 DEVELOPER: Witnesses: Witness , / Printed Name 44*110,� L• �leovcr J-ozc t 1, 5�C Witness Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) Bc- The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by FS �Et I>S as Dc VC( o RC2 of a 2Ln S Pti,-'7E Pub known to me or has produced who is personally as identification. WITNESS my hand and official seal this �Wr day of Ito« y , 2005. Now a%► • CP.P 11M�NAMn i...0 My Commission Expires: ,31 � I -L(,V(e Page 12 of 30 1 1 Aotary 616blic Eyl EXHIBIT A LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27 -A, of the Public Records of Collier County, Florida." Page 13 of 30 E� APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY LOW INCOME 0 (50% MI) 0 Efficiency 0 1 Bedroom 21 2 Bedroom 0 0 11 4 Bedroom 0 21 VERY LOW INCOME 0 (50% MI) 0 Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 11 4 Bedroom 0 TOTAL 0 11 VERY -VERY LOW INCOME (25 % -50% MI) Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Page 14 of 30 4 Bedroom 0 TOTAL 0 0 (1) Base residential density allowed in this development 3 units /acre. (2) Gross acreage 9.92 (3) Maximum number of affordable housing density bonus units at in this development pursuant to LDC Section 2.06.00. 78 units. (4) Gross residential density of this development (including affordable housing density bonus units) 10.89 units /acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 30 %. Page 15 of 30 [L APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner- occupied or rental, single - family or multi- family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner - occupied or rental, single - family or multi - family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling Page 16 of 30 ARIJ units per gross acre. APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS /UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE 80% MI= MODERATE (OWNER- OCCUPIED, 0 1 * 1 SINGLE- FAMILY) 60% MI= LOW (OWNER- OCCUPIED OR RENTAL 2 3 4 SINGLE - FAMILY OR MULTI- FAMILY) 50 %MI= VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE- FAMILY OR MULTI - FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add I density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 17 of 30 r APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74 -402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LiHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME 1 2 3 4 5 6 7 8 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low- Income Rental Housing Tax Credit (LiHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME Page 18 of 30 ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 80% $1,046 $1,256 $1,451 $1.618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 Page 18 of 30 Eli Page 19 of 30 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R. FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Page 19 of 30 APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co -Tenant Name Present Address: Street Name of Landlord Landlord's Address: Date of Application: Amt. Of Sec. Deposit:_ Race/National Origin: Handicap: Yes No Race/National Origin: Handicap: Yes No City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO- TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: State Zip Telephone No. _ Job Title Every 2 Weeks $ Birth Date - -- Job Title Job Title Page 20 of 30 Monthly $ [4 Gross Salary: Hourly $ Social Security Number _ Previous Employers Name _ Address and Telephone No. Weekly $ Every 2 Weeks $ Monthly $ Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 1. 2. _ 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address:_ 2. Name: Address: Page 21 of 30 SOCIAL SECURITY How Long Known: How Long Known: �Ort X9161 APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co- Tenant's Name: : Social Security Number Social Security Number Present Address: Street City State I hereby make application for a single family unit at _ I hereby declare and reveal all of my sources of income. Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Page 22 of 30 Applicant Co- Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages /Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ _ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Page 22 of 30 E� Union Pension $ $ $ $ Self - Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 23 of 30 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip 1, , hereby authorize the release of information requested (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Signature of Applicant as Witness my hand and official seal this day of , 2005. (notary seal) My Commission Expires: Page 24 of 30 Notary Public EMPLOYER CERTIFICATION Nye" Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by _ Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) Monthly Annually Supervisor as day of , 2005. Notary YuDllc My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 25 of 30 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial Administration and Housing Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUD -9.92 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application 12 -2 -04 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 10.89 units /acre. Gross acreage of the proposed development. 9.92 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Cirrus Pointe PUD, located and the northeast corner of the intersection between Thomasson Drive and Bayshore Drive. 5. Name of applicant James J. Fields Name of land developer if not the same as Applicant N/A 6. Please complete the following tables as they apply to the proposed development. Page 26 of 30 TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency 0 One Bedroom _ 0 Two Bedroom 0 Three Bedroom 108 Other Bedroom 0 TOTAL 108 TABLE Il Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 0 0 Page 27 of 30 LOW INCOME 60% MI Efficiency 0 0_ 1 Bedroom 0 0 2 Bedroom 0 0 3 Bedroom 22 22 Other 0 Q TOTAL 22 22 VERY LOW INCOME 50 %MI Efficiency 0 0 1 Bedroom 0 0 2 Bedroom 0 0 3 Bedroom 10 10 Other 0 0 TOTAL 10 10 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer /dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach Page 28 of 30 [77 additional pages as Exhibit "D" if needed. (See Attached) 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. Page 29 of 30 APPENDIX D CIRRUS POINTE PUD PHYSICAL DESCRIPTION OF AFFORDABLE HOUSING UNITS There will be a minimum of 32 Affordable Housing Units constructed in the Cirrus Pointe PUD. These Affordable Housing Units will be comprised of 10 three - bedroom Very Low Income (50% of Median Income) and 22 three - bedroom Low Income (60% of Median Income) Units. All Affordable Housing Units will be sold to owners as owner - occupied multi - family units. Each unit will come standard with carpet and tile floors, refrigerator, dishwasher, stove, washer /dryer, basic lighting /ceiling fan package, and bathrooms will have ceiling exhaust fans. The three- bedroom units will have a minimum air - conditioned area of 1526 square feet. Garage parking will provide 2 parking stalls for each unit and will also house additional storage areas for each unit. The entire community will consist of up to 108 multi - family homes and the units that are not designated Affordable Housing Units will be offered as moderately priced multi- family homes. The community will have the following amenities open to the residents of Cirrus Pointe: pool /cabana, fountains, sidewalks and gated security. Page 30 of 30 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -63 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK ~ Clerk of Courts an + Ex- officio to Boa�d' of "'- County Commission'`.' = *= :� �' � r'. •war' `' B Ann J Y� nejo ri, Deputy Clerk IOM COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Kay Deselem tyzj Date: Petition No. (If none, give brief description): PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Petitioner: (Name & Address): Dwight H. Nadeau, R.W.A., Inc., 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard Davenport, Waterways Joint Venture IV, Waterways Development Inc., 14627 Collier Boulevard, Naples, FL 34120 and Richard D. Yovanovich, Goodlette, Coleman & Johnson, PA, 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: November 15, 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ -A- 2004 -AR -6084 Petition: PUDZ -A- 2004 -AR -6084, Waterways Joint Venture IV, represented by Dwight H. Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 292 residential units and recreational amenities. The project density is proposed to be 6.85 units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 121 units at 3.0 bonus density units per acre) in the development of this project for low- income residents that will include a maximum of 29 units designated as affordable housing units. The project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR -951), approximately 1 mile south of Immokalee Road (CR -846). Access to serve the project is proposed to be from Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Revi wed by: Approved by: D artment Head D to County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: r Date Received: Date of Public hearing: S UJ Date Advertised: $ E ! ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUM- BER 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 APPRO- PRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURAL (A) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO RPUD PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE BRISTOL PINES RPUD, CONSISTING OF 292 RESIDENTIAL UNITS THAT WILL INCLUDE A MAXIMUM OF 29 UNITS DESIG- NATED AS AFFORDABLE HOUSING UNITS FOR AN OVERALL PROJECT DENSITY OF 6.85 UNITS PER ACRE FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR -951) AND APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR -846). IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 42.61 + ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04 -10, AS AMENDED, THE FORMER BRISTOL PINES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ -A- 2004 -AR -6084, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Develop- ment (RPUD) in accordance with the RPUD 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 Devel- opment Code, is /are hereby amended accordingly. Page 1 of 2 SECTION TWO: Ordinance Number 04 -10, known as the Bristol Pines PUD, adopted on February 24, 2004 by the Board of County Commissioners of Collier County, is hereby repealed in its en- tirety. 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 ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency I�,LtueCC,sA -' Mar ldrie M. St dent - Stirling Assistant County Attorney PUDZ -A- 2004 -AR -6084 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Page 2 of 2 $ E � BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE I9. »10-11 N 91ORIN] .1-4 WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: 1 \C. C ONSUI-J ING ..L L v v -L .,L 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And GOODLETTE COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL "EXHIBIT A" G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc $ E TABLE OF CONTENTS List of Exhibits, Tables and Appendix i Statement of Compliance ii Section I Property Ownership and Legal Description I -1 Section II Project Development Requirements II -1 Section III Residential Development Standards III -1 Section IV Recreation Area IV -1 Section V Preserve Area V -1 Section VI Development Commitments VI -1 Appendix "A" Typical Cross Sections A -1 G: \Current \Deselem\PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc [tea LIST OF EXHIBITS, TABLES AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN APPENDIX "A" TYPICAL CROSS SECTIONS EXHIBIT "B" BOUNDARY SURVEY TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doe 6 8 E STATEMENT OF COMPLIANCE The development of approximately 42.6 acres of property in Collier County, Florida as a Planned Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Bristol Pines RPUD are 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: The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban -Mixed Use District, as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing" as outlined by Section 2.06.00 as defined in the Collier County Land Development Code (LDC). The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.85 units per gross acre, which is provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available. 5. The project will implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the FLUE. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. ii GACurrent \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc a E 9. The native vegetation provisions of the Bristol Pines RPUD implement Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and 10.02.07. of the LDC, it will implement, and further Objective 8 of the Transportation Element. iii G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE $ E 1 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 Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. EWI"D THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I -1 G: \Current \Deselem \PUD Rezones\Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD dots \Bristol Pines Phase II PUD 8- 31- 05.doc 8 E COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N.89 °58'25 "E., A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02 °14'59 "E., A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT -OF -WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT -OF -WAY, ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89 058'25 "E. FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1 /4, S 02 °15'20" E FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89 059'05 "E. FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES, AS RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89 58 27 E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02 014'19 "E. FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID PLATTED BOUNDARY LINE S.89 058'02 "W. A DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02 °14'43 "W. A DISTANCE OF 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89 057'59 "W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02 014'59 "W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,856,282 SQUARE FEET OR 42.61 ACRES MORE OR LESS. I -2 G: \Current \Deselem \PUD Rezones\Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89 °58'25" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000, 00205760006, and 00205600001) 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV. All reference to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than sixty percent of the proposed project site has been cleared and utilized for agricultural purposes. Three single- family homes and associated improvements are located on the project site that will eventually be eliminated with the development of the proposed subdivision. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 12.5 feet to 16.3 feet above mean sea level. The water management system consists of approximately 4.4 acres of water management areas that will receive run -off from structures and parking areas. Run -off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal right -of -way. Allowable discharge rates shall be in accordance with Collier County Ordinance Number 90 -10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development consisting of attached single - family housing in a townhouse configured, multi -unit building. Each unit is intended to be sold in fee simple, including the platted lot upon which the residential unit is located. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from Tree Farm Road. I -3 GACurrent \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 8 molee It That segment of Collier Boulevard between Golden Gate Boulevard and Im Road is planned to be improved with a six -lane divided roadway programmed to commence construction in the fourth quarter of 2005, with completion programmed in the third quarter of 2007 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance ". I -4 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE $ E t The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this Document, the RPUD - 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 RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition shall be subject to a concurrency review under the provisions of Chapters 6.02.00. and 10.02.07., Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A ", RPUD Master Plan. II -1 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 2.4 2.5 TABLE I 8 E PROJECT LAND USE TRACTS TYPE UNITS /FT. ACREAGE± TRACT "R" RESIDENTIAL 292 34.8 TRACT "RA" RECREATION AREA 0 2.7 TRACT "P" PRESERVE 0 5.08 TOTAL 292 42.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY A maximum of 292 residential dwelling units may be constructed in the total project area. The gross project area is approximately 42.6 acres. The gross project density, therefore, will be a maximum of 6.85 dwelling units per acre. A density of more than 4.0 units per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDBA). PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A ", RPUD Master Plan, constitutes the required RPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided by said Chapter prior to the issuance of a building permit or other development order, II -2 G: \Current \Deselem\PUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc u 8 E except in the case in which individual residential units within a multi -unit building will be conveyed fee simple, including each individual lot. Deviation from Chapter 10.02.03. of the LDC. D. Common area maintenance shall be provided by a property owners' association to be established by the developer, whose functions shall include the provision for perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Bristol Pines RPUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. E. Single- family attached units shall be constructed following the development standards set forth in Table II of this Document. Each unit may be on a separate platted lot. The developer shall submit additional pages to the Improvement Plans required by Section 10.02.05. of the LDC to show typical lots, and typical footprints of the proposed attached single - family residences, including any anticipated accessory structures. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall conform with the requirements of Section 22- 122(a) of the Collier County Code of Laws and Ordinances for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22- 112(c) of the Collier County Code of Laws and Ordinances. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10 %) (to a maximum 20,000 cubic yards) of the total volume unless a commercial excavation permit is received. 2.7 RIGHTS -OF -WAY A. All platted project streets shall have a minimum 50 -foot right -of -way. A deviation from Section 6.06.01(0). of the LDC, for cul -de -sac and local streets, LDC Appendix B -2 and B -3 for cul -de -sac and local streets respectively, and Section III, Exhibit "A ", Design Requirements for Subdivisons C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66, which requires 60 feet, to allow 50 feet. (See Appendix "A ", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private, and shall be classified as local streets. B. Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. II -3 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A ", as provided for in Section 10.02.13.E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for and depicted on subdivision plats and SDPs for water management areas, rights -of -way, utilities and other purposes as required. All necessary easements, 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 of adoption of the Ordinance establishing the Bristol Pines RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales /rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Section 5.04.04. of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan application(s) for residential models, may be submitted together, and approved pursuant to Section 5.04.04.B.5.c. of the LDC, with applications for improvement plans and final subdivision plats, so as to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. I1 -4 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs\Bristol Pines Phase 11 PUD 8- 31- 05.doc $ E 1W C. The existing single- family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single - family structures shall be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use shall cease when the project is released to the control of the homeowners' association. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project build -out date of December 31, 2007. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross - sections, shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty -five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved site development plan, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of the LDC. II -5 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc • E. Fill storage shall not be permitted in Preserve Areas. F. Fill may be stored on site for the maximum length of time of twenty -four (24) months. This period may be extended through the written permission of the Planning Services Director. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of 5.08 acres (25% of the native vegetation on site) shall be retained or replanted. This is due to the fact that of the 42.6 -acre project site, only 20.3± acres of the site is "native ", by definition. The two preserves, Tract "P ", contain a total of 5.08 acres. For the purposes of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of Collier County. The combined southwesterly and northwesterly preserve tracts will have approximately 1.96 acres of native vegetation re- created, and approximately 0.94 acres of enhancement to an existing oak canopy. Native vegetation areas do not include those areas of vegetation that have greater than seventy -five percent (75 %) canopy coverage of exotic species. The RPUD Master Plan depicts two preserve areas that will be platted as a native preserve tract. These preserve areas shall consist of retained native vegetation and replanted vegetation. Native preserves shall have an average fifty -foot (50') width, but be no less than twenty feet (20') in width. The design, area, and configuration of the native preserves may be modified. However, the remaining native preserves shall not be less than 5.08 acres in total area. Refer to Appendix "A ", Typical Cross Sections, for details related to separation of structures from Tract "P ", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C. of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Bristol Pines RPUD District on the Official Zoning Atlas Maps shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the LDC. II -6 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE 8 E � The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A ". Infrastructure, perimeter land use buffers, as well as project signage, will occur within this Tract "R ". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall not exceed 292 dwelling units and shall be established at the time of development plan review. Those dwelling units classified as affordable housing shall be developed consistent with the project's Affordable Housing Density Bonus Agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from the RMF -6 Zoning District in effect as of the date of the adoption of this RPUD: A. Principal Uses: 1) Single- family attached dwellings (including townhouses intended for fee simple ownership including the platted lot associated with the residence). 2) Single - family detached dwellings. B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes (See Section 2.10 of this RPUD Document); Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Homeowners' association boundaries shall not be utilized for determining development standards. I1I -1 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc As re uit b B. OFF - STREET PARKING AND LOADING REQUIREMENTS q y Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of building permit application. MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES MAX. BLDG. HT. NOT TO EXCEED ACCESSORY STRUCTURES FRONT SIDE REAR (ATTACHED) (DETACHED) PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES 6 FEET 15 FEET 15 FEET 25 FEET 25 FEET 15 FEET 15 FEET or '/2 BH whichever is greater 2 STORIES 2 STORIES 35 FEET 35 FEET S.P.S. S.P.S. 5 FEET 5 FEET 10 FEET 15 FEET S.P.S. S.P.S 5 FEET 5 FEET 10 FEET 10 FEET MAX. BLDG. HT. 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height III -2 N/A 25 FEET N/A 2 STORIES 35 FEET 20 FEET '/2 BH 10 FEET 20 FEET 10 FEET greater of 15 feet or '/2 BH whichever is greater 2 STORIES 35 FEET GACurrent \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase II PUD 8- 31- 05.doc TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET 0 FEET or N/A MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES MAX. BLDG. HT. NOT TO EXCEED ACCESSORY STRUCTURES FRONT SIDE REAR (ATTACHED) (DETACHED) PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES 6 FEET 15 FEET 15 FEET 25 FEET 25 FEET 15 FEET 15 FEET or '/2 BH whichever is greater 2 STORIES 2 STORIES 35 FEET 35 FEET S.P.S. S.P.S. 5 FEET 5 FEET 10 FEET 15 FEET S.P.S. S.P.S 5 FEET 5 FEET 10 FEET 10 FEET MAX. BLDG. HT. 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height III -2 N/A 25 FEET N/A 2 STORIES 35 FEET 20 FEET '/2 BH 10 FEET 20 FEET 10 FEET greater of 15 feet or '/2 BH whichever is greater 2 STORIES 35 FEET GACurrent \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase II PUD 8- 31- 05.doc 8 E Vk Notes: 1) The location of structures proposed adjacent to the lake shall have no setback from the lake maintenance easement. 2) No structures shall be permitted in the required, 20 -foot lake maintenance easement. 3) To ensure compatibility with the existing single- family residence on lands (Collier County Folio Number 00206600000) lying south of the Bristol Pines property, only a single -story residential structure may be located adjacent to that residence. 4) A 15 -foot wide setback shall be maintained from any residential structure to any project perimeter property line. 5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side - loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion, or all of the sidewalk. 6) To ensure compatibility with the Vanderbilt Country Club PUD, a modular concrete, 100% opaque, wall /fence shall be installed along the south boundary of the Bristol Pines RPUD, adjacent to the boundary of the Vanderbilt Country Club PUD. I11 -3 G:1Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc SECTION IV RECREATION AREA 4.1 PURPOSE 8 E The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A ", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas /spaces as an amenity for the residents of the project. 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as community swimming pools, tennis and basketball courts, playground improvements /facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. B. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. C. OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of building permit application. IV -1 GACurrent\Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc SECTION V PRESERVE AREA 5.1 PURPOSE 8 E I The purpose of this Section is to set forth the development plan for areas designated as Tract "P ", Preserve Area on Exhibit "A ", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Passive recreational uses such as pervious nature trails, shelters or boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses shall be subject to approval by the appropriate permitting agencies. V -1 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docsTristol Pines Phase 11 PUD 8- 31- 05.doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE 8 E ' The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A ", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. These commitments shall be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions shall be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignees, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignees in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 10.02.13.E. of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the proj ect. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the developer. VI -1 G: \Current\Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Bristol Pines RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 10.02.13.E. of the LDC: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off -site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve area, except as provided for in Paragraph 6.3.C.2.)a. above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations in effect at the time of the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision (if required), or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI -2 G: \Current\DeselernTUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 8 E 6.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.D. of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Section 10.02.13.F. of the LDC and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in two phases, to be completed in early 2006. Recreation, including playground facilities, and clubhouse facilities shall be constructed simultaneously with the development of the residential product. A proportionate amount of the recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy (CO). 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first 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 Chapters 6.02.00., and 10.02.07. of the LDC, as it may be amended. E. All work within Collier County rights -of -way or public ingress or egress easements shall require a right -of -way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the 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 RPUD 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. VI -3 GACurrent\Deselem\PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 8 E G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights -of- way or easements, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the opinion of Collier County Transportation Division, 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. This project and all adjacent developments shall be encouraged to provide shared access or interconnections. The developer, or assigns, of this project, shall assure that any such shared access or interconnection will be utilized. The developer shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or on the plats. L. The developer shall provide a 10 -foot wide shared use path along either the east or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M. The developer, its successors and/or assigns, shall be responsible for mitigation for noise abatement, if and when it becomes warranted. Prior to turnover to the homeowners' association the developer shall notify the future homeowners' association of the obligation and shall be responsible to provide a warrant study if the development is located on a County arterial or facility which is anticipated to be improved as shown on the Transportation Division's Long Range Plan. N. On January 11, 2005, the Board of County Commissioners adopted a Developer's Contribution Agreement pertaining to the Developer's participation in the future improvement of Phase One of Tree Farm Road from Collier Boulevard to the intersection of Davila Street. O. The developer shall be responsible for the design cost of the proposed improvements to Phase Two of Tree Farm Road, from the Davila Street intersection to the intended intersection at Massey Road, not to exceed $150,000.00. VI -4 G: \Current \Deselem\PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc $ E 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules. C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 04 -51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service by the County of a proposed 16 inch force main along Collier Boulevard. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI -5 G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 8 E . B. All conservation/preservation areas shall be designated as preserve tracts subject to a conservation easement on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 7.04.06 of the Florida Statutes. Preserve tracts shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibilities and the conservation easement shall be dedicated to Collier County with no responsibility for maintenance. In the event the project does not require platting all conservation/preserve areas shall be recorded as conservation easements in favor of the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species are observed on site, a habitat management plan for those protected species, and/or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. 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 plants (in perpetuity) shall be the responsibility of the homeowners' association. F. The RPUD 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. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plat /construction plan approval. H. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. VI -6 G: \Current \Deseletn\PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase II PUD 8- 31- 05.doc Lalow 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, construction operation/management office and model center which may be constructed after zoning approval of this RPUD rezone. 6.11 SIGNS All signs shall be in accordance with Chapter 5.06.00. of Collier County's LDC in effect at the time of site development plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls shall be generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.02.B. to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off - street parking areas shall be in accordance with Subsection 4.06.03.B. of the Collier County LDC in effect at the time of building permit application. VI -7 GACurrent\Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004- AR- 6084\PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc 8 E 6.14 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County. Such agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. M'? G: \Current \Deselem \PUD Rezones \Bristol Pines, PUDZ -A- 2004 -AR- 6084 \PUD docs \Bristol Pines Phase 11 PUD 8- 31- 05.doc i � z r ►D i P NOISWdans 0NidOlWCl Onda S3ldNN NI 33V1d Liwwns - LN3wtiwwoo Moa .s9 - - — - - — - - — - ------------------ - -_ -_ -_ _ -____ se as aavn3lnoa a3mo r o� x8`g o vAA 5 m°{ 4 4 � $ "q j9 i4. � M 4 y �r a ma a a� o Z oo �aQ�£, �Rgk o ��R F A F A §OOS q�8[95 Rgpyy R�'R� ^� #,f`qq�gg g f 014131D➢ n> inn A %� g sC �� n4493Eh _� �9 R R A 9N $ �q yR q yR d KI'Un MA57��' MAN Ell �1CMbiMDh B�Ol NpylYlYi11O Q�lIAI! PFM'.pAll� tflC�i�R IN FeruGw oPir Fll: 9�FH _ BN '�- flgggy cpR� Hit R� a na i x 0 :F S � F\ € T � Iy � a � a � 9 - 3 ' zo r� z� o� x8`g o vAA 5 m°{ 4 4 AIIWtlj 3loNi5) A o 0 agg F > m ti z c A >�$ 4F y;C a: �r a ma a a� o Z oo o WA1'-ek-WAY5 JON-r VMTLR1 IV m �Z�TAI,C.I,,. V 44 014131D➢ n> inn CONSULTING C1vllPnsoxrtng _� wu.re ff18, zo r� z� N AIIWtlj 3loNi5) R. $P �S ISONtlI 0 ?9an1513a �ln�aa153tla EXHIBIT "All ° WA1'-ek-WAY5 JON-r VMTLR1 IV 005fa p1Nr5 krUn �Z�TAI,C.I,,. V 44 014131D➢ I" ° ICG' CONSULTING C1vllPnsoxrtng _� wu.re ff18, JL %. i v �� a • �� OH.M KI'Un MA57��' MAN �1CMbiMDh B�Ol NpylYlYi11O Q�lIAI! PFM'.pAll� tflC�i�R IN FeruGw oPir Fll: 9�FH O 9, 00 �r z� cn \H/ Y a I g y B dF 4 i APPENDIX "A" Wilr WFlYS J01Nl/NT !V 3?5me-5 P'w V uslludon aaioa a CONSULTING ❑vil En�u�ng �aaart�ios m.r. �s L %. v VA Z SurvcWng do Mepp n j O+R M/.n ,At F1N.,aln E 8 E " October 12, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Dear Legals: Please advertise the above referenced notice on Sunday, October 30, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 il • NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, November 15, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURAL (A) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO RPUD PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE BRISTOL PINES RPUD, CONSISTING OF 292 RESIDENTIAL UNITS THAT WILL INCLUDE A MAXMUM OF 29 UNITS DESIGNATED AS AFFORDABLE HOUSING UNITS FOR AN OVERALL PROJECT DENSITY OF 6.85 UNITS PER ACRES FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR -951) AND APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR -846). IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 42.61 +/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04 -10, AS AMENDED, THE FORMER BRISTOL PINES PUD; AND BY PROVIDING AN EFFECTIVE DATE Petition: PUDZ -A- 2004 -AR -6084, Waterways Joint Venture IV, represented by Dwight H. Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 292 residential units and recreational amenities. The project density is proposed to be 6.85 units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 121 units at 3.0 bonus density units per acre) in the development of this project for low- income residents that will include a maximum of 29 units designated as affordable housing units. The project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR -951), approximately 1 mile south of Immokalee Road (CR -846). Access to serve the project is proposed to be from Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. 8 E ` Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) __ S C.nty - of- Ca1lier ' fT_ CLERK OF TIC CIRCUIT COURT Dwight E. Brock COLLIE COUNTY OURE4PT SE Clerk of Courts Clerk of Courts . P.O. BOX 414044 Accountant NAPLES, FLORIDA,3j101 -30 44 Auditor v i Custodian of County Funds October 12, 2005 Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 15, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK aB�IIYIQ teidiR. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierclerk@clerk.collienfl.us County -of -C6 ; ler CLERK OF TH8 C RC:IIT COURT ht Dwi E. Brock COLLIER COUNTY URT4OUSE Clerk of Courts g 3301 TAMIAMI TAIL EAST Accountant Clerk of Courts . P.O. BOX 41.1044 NAPLES, FLORIDA\3$101 -3044 Auditor Custodian of County Funds October 12, 2005 Dwight H. Nadeau R.W.A. Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 15, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK cu eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (&clerk.collier.fl.us 8 � Heidi R. Rockhold From: Heidi R. Rockhold Sent: Friday, October 14, 2005 10:36 AM To: 'legals @napiesnews.com' Subject: PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Attachments: PUDZ -A- 2004- AR- 6084(2).doc; PUDZ -A- 2004- AR- 6084(2).doe Legals, Please advertise the above mentioned notice on Sunday, October 30, 2005. 0-1 0-A PUDZ -A- 2004 -AR -6 PUDZ -A- 2004 -AR -6 084(2).doc (29... 084(2).doc (32... If you have any questions, please call. Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 ( heidi.rockholdCa),clerk.collier. fl.us) Heidi Rockhold Heidi R. Rockhold From: ClerkPostmaster Sent: Friday, October 14, 2005 10:36 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT3444018.txt; PUDZ -A- 2004 -AR -6084, Bristol Pines PUD El LI ATT3444018.txt PUDZ -A- 2004 -AR-6 (231 B) 084, Bristol P... This tS all tIIItomatlC.,(dIy generated Deliver)% Status NoI41cation. Your nieSS`a e. has been su cessfl1lly relayed to theJbIlovving recipients, but the regw -ved delivery statits notifications may, not be (gen rased l.y the destination. legalsS' %nap esneivs.com Heidi Rockhold 8 E ' Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Friday, October 14, 2005 10:35 AM To: Heidi R. Rockhold Subject: Delivered: PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Attachments: PUDZ -A- 2004 -AR -6084, Bristol Pines PUD LLJ PUDZ -A- 2004 -AR -6 084, Bristol P... `� <P�, DZ -A- 2 04 -AR -0084, Bristol Pig ?es f'£JD -� %� Your n1E'ssClraE:' Tip: lE'; >crl,S'tCZ�ytExplc }S'JIE'tit s.c'()ral .Sur jeci: PUDI --A- 2004 -AR -6084, Bi -istol Pines PUD Sent: Fri. 14 Oct 2005 10:36:09 -0400 i,vas delivered io the_ )llmving 1'e(Jf)ient(s): lgguls on Fri, 14 Oct 2005 10 :35:24 -0400 Heidi Rockhold PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Friday, October 14, 2005 11:22 AM To: Heidi R. Rockhold Subject: RE: PUDZ -A- 2004 -AR -6084, Bristol Pines PUD OK - - - -- Original Message---- - From: Heidi R. Rockhold [ma i Ito: Heidi. Rockhold @clerk.collier.fl. us] Sent: Friday, October 14, 2005 10:36 AM To: legals @naplesnews.com Subject: PUDZ -A- 2004 -AR -6084, Bristol Pines PUD Legals, Page 1 of 1 8 E Please advertise the above mentioned notice on Sunday, Octohe`° 30, 2005. «PUDZ -A- 2004- AR- 6084(2).doc>> «PUDZ -A- 2004- AR- 6084(2).doc>> 1 f you have any questions, please call. Heidi R. Rockhold, Minutes and Recot-cls Department 239- 774 -8411 (heidi. rockhold(a)clerk. collier. fl. us) 10/14 /2005 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 59125387 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve: as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PU0Z-A -i( AR•6084 NOTICE OF INTENT TO CONSIDER ORDINANCE orida, the ment of a t nance. The commence The title of 1 ordinance is �1*0 - n -the .,- -------------- 'lour, es, AN ORDINANCE Ur rnt 113138312649110 C0MMISS 0NERS PUDZ -A- 2004- AR -6084N AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOP, MENT CODE, WHICH IN- CLUDES THE COMPRE- PUBLISHED ON: 10/30 AD SPACE: FILED ON: 214.000 INCH 10/31/05 Signature of Affiant Sworn to and Subscribed Personally known by me 1c Petition: PUDZ- A -2004- AR -6084, Waterways Joint Venture IV repre- sented by Dwighi H. Na- deau, of RWA,, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A. re- gestinCC a rezone 6m Rural Agricultural (A) and Residential Planned Unit Develoment (RPUD) to Residpential Planned Unit Develop- ment (RPUD) for a proj- ect to be known as Is- tot Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and chits to allow for a maximum number of 242 resktentlal units and recreatiaaal amenities, The project density is proposed per acre subject tc the approval of the mat win incluae a maxi• mum of 29 units des% nated as affordable housing units. The propf�• act consists of 42.61' acres and is peneratiy located at 14750 Colller Boulevard on the east side of Collier Boulevard (CR -951), approximately 1 mile south of.immoka -, lee Road (CR- 846).. Access to serve the pro)ect Is pro be from Tree.Farm Road In S posed to 48 ection 35, Townahlp South, Ranpa 26 East, CoilierCOUnty, Florida 20"_s' E Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspection. All inter- ested parties are Invited to attend and be heard. NOTE: All persons wish - Ing to speak on any agenda item must regis- ter with the County ad- ministrator prior to pre• sentation of the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec- tion of an Individual to speak on behalf of an organization or group is encouraged. If recog• ntzed by the Chairman, a spokesperson for a group or organization may be allotted 10 min- uutes to speak on an Persons wishing to have written or graphic ma- terials Included in the Board agenda packets must submit said ma-1 terlal a minimum of 3' weeks prior to the re -', staff a minimum of sev- en days prior to the public hearing. All me- terlai used in presenta- tions before the Board will become a perma- nent part of the record. Any. n who decides to ni a decision of the will need a re- co o a proceedings pertalrft thereto and therefore, may need to ensure that a verbatim record of the proceed - Ings is made, which re- cord includes the testl- mony and evidence upon which the appeal Is based. BOARD OF COUNTYI COMMISSIONERS COLLIER COUNTY, FLORIDA FRAEND W. COYLE, CHAIR - DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, DS putt' Clerk Oct. 30 No. 1248495 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1p 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce ti m of the Chairman's signature, draw a line throu routing lines # I through #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office List in routing order Initials Date 1.Sandra Lea CDES Administration 2. 0 n NU 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, for additional or missing need to contact staff information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Attached Kay Deselem Phone Number 213 -2931 November 15, 2005 Agenda Item Number 8.E. Ordinance and attachments �Num ber of Original 1 Documents Attached INSTRUCTIONS & CHECKLIST 111n.iar Lne Yes column or mark "N /A" in the Not Applicable colur Original document has been signed/initialed for legal sufficiency. signed by the Chairman, with the exception of most letters, must b by the Office of the County Attorney. This includes signature page resolutions, etc. signed by the County Attorney's Office and signal contracts, agreements, etc. that have been fully executed by all par Chairman and Clerk to the Board and Possibly State Officials.) All handwritten strike - through and revisions have been initialed b3 Office and all other parties except the BCC Chairman and the Cler The Chairman's signature line date has been entered as the date of document or the final negotiated contract date whichever ic n—l;;— "Sign here" tabs are placed on the appropriate pages indicating wl• mature and initials are required In most cases (some contracts are an exception), the original docun should be provided to Sue Filson in the BCC office within 24 hour: Some documents are time sensitive and require forwarding to Talla time frame or the BCC's actions are nullified. Be aware of your de; The document was approved by the BCC on November 15,200: during the meeting have been incorporated in the attached doci Attorney's Office has reviewed the changes, if applicable. nn, whichever is Yes N/A (Not (Initial) (All documents to be _.Applicable) e reviewed and signed ;s from ordinances, ture pages from ties except the BCC the County Attorney's k to the Board BCC approval of the able. �- ere the Chairman's lent and this routing slip of BCC approval. hassee within a certain �� idlines! 5 and all changes made iment. The County, I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 `8€ ORDINANCE NO. 05- 64 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUM- BER 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 APPRO- PRIATE ZONING ATLAS MAP OR MAPS BY CHANG- ING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL (A) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO RPUD PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE BRISTOL PINES RPUD, CONSISTING OF 298 RESIDENTIAL UNITS THAT WILL INCLUDE A MAXIMUM OF 30 UNITS DESIG- NATED AS AFFORDABLE HOUSING UNITS WITH A CORRESPONDING DENSITY OF 3.0 UNITS PER ACRE FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR -951) AND AP- PROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR -846). IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR- IDA, CONSISTING OF 42.61 + ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04 -10, AS AMENDED, THE FORMER BRISTOL PINES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, INC., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ -A- 2004 -AR -6084, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Develop- ment (RPUD) in accordance with the RPUD 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, the Collier County Land Development Code, is /are hereby amended accordingly. Page 1 of 2 SECTION TWO: Ordinance Number 04 -10, known as the Bristol Pines PUD, adopted on February 24, 2004 by the Board of County Commissioners of Collier County, is hereby repealed in its en- tirety. 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 /�h �'ed ��, 2005. ATTEST: DWIGHT E: BROCK, CLERK Approved as to Form and Legal Sufficiency ` _led,- o�/(G��' { >`�i Marie M. Student - Stirling Q Assistant County Attorney PUDZ -A- 2004 -AR -6084 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W. (nA�� FRED W. COYLE, CHAIWAAN Page 2 of 2 BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: PU'TA NC. CONS U J -TIN G -A- L T / _L. -z- 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And GOODLETTE COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL "EXHIBIT A" November 15, 2005 2005 -64 Repeals 2004 -10 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 TABLE OF CONTENTS List of Exhibits, Tables and Appendix i Statement of Compliance ii Section I Property Ownership and Legal Description I -1 Section II Project Development Requirements II -1 Section III Residential Development Standards III -1 Section IV Recreation Area IV -1 Section V Preserve Area V -1 Section VI Development Commitments Appendix "A" Typical Cross Sections Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 VI -1 A -1 NIM MH LIST OF EXHIBITS, TABLES AND APPENDIX EXHIBIT "A" APPENDIX "A" EXHIBIT `B" TABLE I TABLE II RPUD MASTER PLAN TYPICAL CROSS SECTIONS BOUNDARYSURVEY PROJECT LAND USE TRACTS DEVELOPMENT STANDARDS Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 STATEMENT OF COMPLIANCE The development of approximately 42.6 acres of property in Collier County, Florida as a Planned Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Bristol Pines RPUD are 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: The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing" as outlined by Section 2.06.00 as defined in the Collier County Land Development Code (LDC). The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.85 units per gross acre, which is provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available. 5. The project will implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the FLUE. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 11 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 9. The native vegetation provisions of the Bristol Pines RPUD implement Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and 10.02.07. of the LDC, it will implement, and further Objective 8 of the Transportation Element. iii Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 SECTION I 8E 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 the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. UZ11 THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. F0� THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 -1 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N.89 °58'25 "E., A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02 °14'59 "E., A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT -OF -WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT -OF -WAY, ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89 058'25 "E. FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, S 02 °15'20" E FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89 059'05 "E. FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES, AS RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89'58'27 "E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02 014'19 "E. FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID PLATTED BOUNDARY LINE S.89 058'02 "W. A DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02 °1443 "W. A DISTANCE OF 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89 057'59 "W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02 014'59 "W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,856,282 SQUARE FEET OR 42.61 ACRES MORE OR LESS. I -2 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 1.3 1.4 1.5 1.6 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89 05825" EAST. PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000, 00205760006, and 00205600001) DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV. All reference to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than sixty percent of the proposed project site has been cleared and utilized for agricultural purposes. Three single- family homes and associated improvements are located on the project site that will eventually be eliminated with the development of the proposed subdivision. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 12.5 feet to 16.3 feet above mean sea level. The water management system consists of approximately 4.4 acres of water management areas that will receive run -off from structures and parking areas. Run -off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal right -of -way. Allowable discharge rates shall be in accordance with Collier County Ordinance Number 90 -10, as amended. PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development consisting of attached single - family housing in a townhouse configured, multi -unit building. Each unit is intended to be sold in fee simple, including the platted lot upon which the residential unit is located. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from Tree Farm Road. I -3 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 1.7 That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six -lane divided roadway programmed to commence construction in the fourth quarter of 2005, with completion programmed in the third quarter of 2007 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance ". I -4 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this Document, the RPUD - 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 RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition shall be subject to a concurrency review under the provisions of Chapters 6.02.00. and 10.02.07., Adequate Public Facilities, of the LDC. DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A ", RPUD Master Plan. II -1 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 2.4 2.5 TABLE I PROJECT LAND USE TRACTS 8 TYPE UNITS /FT. ACREAGE+ TRACT "R" RESIDENTIAL 292 34.8 TRACT "RA" RECREATION AREA 0 2.7 TRACT "P" PRESERVE 0 5.08 TOTAL 292 42.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof 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 ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY A maximum of 292 residential dwelling units may be constructed in the total project area. The gross project area is approximately 42.6 acres. The gross project density, therefore, will be a maximum of 6.85 dwelling units per acre. A density of more than 4.0 units per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDBA). PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A ", RPUD Master Plan, constitutes the required RPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided by said Chapter prior to the issuance of a building permit or other development order. II -2 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 aA D. Common area maintenance shall be provided by a property owners' association to be established by the developer, whose functions shall include the provision for perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Bristol Pines RPUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. E. Single - family attached units shall be constructed following the development standards set forth in Table II of this Document. Each unit may be on a separate platted lot. The developer shall submit additional pages to the Improvement Plans required by Section 10.02.05. of the LDC to show typical lots, and typical footprints of the proposed attached single - family residences, including any anticipated accessory structures. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall conform with the requirements of Section 22- 122(a) of the Collier County Code of Laws and Ordinances for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22- 112(c) of the Collier County Code of Laws and Ordinances. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10 %) (to a maximum 20,000 cubic yards) of the total volume unless a commercial excavation permit is received. 2.7 RIGHTS -OF -WAY A. All platted project streets shall have a minimum 50 -foot right -of -way. A deviation from Section 6.06.01(0). of the LDC, for cul -de -sac and local streets, LDC Appendix B -2 and B -3 for cul -de -sac and local streets respectively, and Section III, Exhibit "A ", Design Requirements for Subdivisons C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66, which requires 60 feet, to allow 50 feet. (See Appendix "A ", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private, and shall be classified as local streets. B. Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. II -3 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 2.8 2.9 2.10 C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C. 13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A ", as provided for in Section 10.02.13.E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for and depicted on subdivision plats and SDPs for water management areas, rights -of -way, utilities and other purposes as required. All necessary easements, 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 of adoption of the Ordinance establishing the Bristol Pines RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales /rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Section 5.04.04. of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan application(s) for residential models, may be submitted together, and approved pursuant to Section 5.04.04.B.5.c. of the LDC, with applications for improvement plans and final subdivision plats, so as to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. II -4 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 �g C. The existing single - family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single - family structures shall be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project build -out date of December 31, 2007. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross - sections, shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty -five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved site development plan, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of the LDC. E. Fill storage shall not be permitted in Preserve Areas. F. Fill may be stored on site for the maximum length of time of twenty -four (24) months. This period may be extended through the written permission of the Planning Services Director. II -5 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 2.14 REQUIRED ENVIRONMENTAL PERMITTING I 8E Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of 5.08 acres (25% of the native vegetation on site) shall be retained or replanted. This is due to the fact that of the 42.6 -acre project site, only 20.3± acres of the site is "native ", by definition. The two preserves, Tract "P ", contain a total of 5.08 acres. For the purposes of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of Collier County. The combined southwesterly and northwesterly preserve tracts will have approximately 1.96 acres of native vegetation re- created, and approximately 0.94 acres of enhancement to an existing oak canopy. Native vegetation areas do not include those areas of vegetation that have greater than seventy -five percent (75 %) canopy coverage of exotic species. The RPUD Master Plan depicts two preserve areas that will be platted as a native preserve tract. These preserve areas shall consist of retained native vegetation and replanted vegetation. Native preserves shall have an average fifty -foot (50') width, but be no less than twenty feet (20') in width. The design, area, and configuration of the native preserves may be modified. However, the remaining native preserves shall not be less than 5.08 acres in total area. Refer to Appendix "A ", Typical Cross Sections, for details related to separation of structures from Tract "P ", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C. of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Bristol Pines RPUD District on the Official Zoning Atlas Maps shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the LDC. Il -6 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 3.1 3.2 3.3 3.4 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A ". Infrastructure, perimeter land use buffers, as well as project signage, will occur within this Tract "R ". MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall not exceed 292 dwelling units and shall be established at the time of development plan review. Those dwelling units classified as affordable housing shall be developed consistent with the project's Affordable Housing Density Bonus Agreement. 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 uses derived from the RMF -6 Zoning District in effect as of the date of the adoption of this RPUD: A. Principal Uses: 1) Single - family attached dwellings (including townhouses intended for fee simple ownership including the platted lot associated with the residence). 2) Single- family detached dwellings. B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes (See Section 2.10 of this RPUD Document); Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.10 of this RPUD Document). DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Homeowners' association boundaries shall not be utilized for determining development standards. III -1 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 B. OFF - STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of building permit application. MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES MAX. BLDG. HT. NOT TO EXCEED ACCESSORY STRUCTURES FRONT SIDE REAR (ATTACHED) (DETACHED) PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES 6 FEET 15 FEET 15 FEET N/A 25 FEET 25 FEET 25 FEET 15 FEET 15 FEET or N/A '/z BH whichever is greater 2 STORIES 2 STORIES 2 STORIES 35 FEET 35 FEET 35 FEET S.P.S. S.P.S. 5 FEET 5 FEET 10 FEET 15 FEET S.P.S. S.P.S 5 FEET 5 FEET 10 FEET 10 FEET MAX. BLDG. HT. 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Bristol Pines PUDZ -A- 2004 -AR -6084 III -2 Approved PUD document 20 FEET %z BH 10 FEET 20 FEET 10 FEET greater of 15 feet or '/z BH whichever is greater 2 STORIES 35 FEET 11 -15 -05 �i TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET 0 FEET or N/A MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES MAX. BLDG. HT. NOT TO EXCEED ACCESSORY STRUCTURES FRONT SIDE REAR (ATTACHED) (DETACHED) PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES 6 FEET 15 FEET 15 FEET N/A 25 FEET 25 FEET 25 FEET 15 FEET 15 FEET or N/A '/z BH whichever is greater 2 STORIES 2 STORIES 2 STORIES 35 FEET 35 FEET 35 FEET S.P.S. S.P.S. 5 FEET 5 FEET 10 FEET 15 FEET S.P.S. S.P.S 5 FEET 5 FEET 10 FEET 10 FEET MAX. BLDG. HT. 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Bristol Pines PUDZ -A- 2004 -AR -6084 III -2 Approved PUD document 20 FEET %z BH 10 FEET 20 FEET 10 FEET greater of 15 feet or '/z BH whichever is greater 2 STORIES 35 FEET 11 -15 -05 �i 8E Notes: 1) The location of structures proposed adjacent to the lake may have no setback from the lake maintenance easement. 2) No structures shall be permitted in the required, 20 -foot lake maintenance easement. 3) To ensure compatibility with the existing single- family residence on lands (Collier County Folio Number 00206600000) lying south of the Bristol Pines property, only a single -story residential structure may be located adjacent to that residence. If said single - family land use is discontinued, this condition shall no longer apply. 4) A 15 -foot wide setback shall be maintained from any residential structure to any project perimeter property line. 5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side - loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion, or all of the sidewalk. 6) To ensure compatibility with the Vanderbilt Country Club PUD, a modular concrete, 100% opaque, wall /fence shall be installed along the south boundary of the Bristol Pines RPUD, adjacent to the boundary of the Vanderbilt Country Club PUD. I11 -3 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A ", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas /spaces as an amenity for the residents of the project. 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as community swimming pools, tennis and basketball courts, playground improvements /facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. B. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. C. OFF- STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of building permit application. IV -1 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 SECTION V PRESERVE AREA 5.1 PURPOSE [id The purpose of this Section is to set forth the development plan for areas designated as Tract "P ", Preserve Area on Exhibit "A ", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Passive recreational uses such as pervious nature trails, shelters or boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses shall be subject to approval by the appropriate permitting agencies. V -1 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE [T The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A ", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. These commitments shall be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions shall be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignees, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignees in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 10.02.13.E. of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the developer. VI -1 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Bristol Pines RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 10.02.13.E. of the LDC: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off -site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve area, except as provided for in Paragraph 6.3.C.2.)a. above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations in effect at the time of the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision (if required), or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI -2 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 6.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.D. of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Section 10.02.13.F. of the LDC and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in two phases, to be completed in early 2006. Recreation, including playground facilities, and clubhouse facilities shall be constructed simultaneously with the development of the residential product. A proportionate amount of the recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy (CO). D. The 138 dwelling units approved above the original 159 units approved via Ordinance Number 04 -10 shall not receive a Certificate of Occupancy until January 1, 2007 and will be released at a number not to exceed twenty (20) per month. 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first 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 Chapters 6.02.00., and 10.02.07. of the LDC, as it may be amended. E. All work within Collier County rights -of -way or public ingress or egress easements shall require a right -of -way permit. VI -3 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the 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 RPUD 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 shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights -of- way or easements, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the opinion of Collier County Transportation Division, 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. This project and all adjacent developments shall be encouraged to provide shared access or interconnections. The developer, or assigns, of this project, shall assure that any such shared access or interconnection will be utilized. The developer shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or on the plats. L. The developer shall provide a 10 -foot wide shared use path along either the east or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M. The developer, its successors and/or assigns, shall be responsible for mitigation for noise abatement, if and when it becomes warranted. Prior to turnover to the homeowners' association the developer shall notify the future homeowners' association of the obligation and shall be responsible to provide a warrant study if the development is located on a County arterial or facility which is anticipated to be improved as shown on the Transportation Division's Long Range Plan. VI -4 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 $E N. On January 11, 2005, the Board of County Commissioners adopted a Developer's Contribution Agreement pertaining to the Developer's participation in the future improvement of Phase One of Tree Farm Road from Collier Boulevard to the intersection of Davila Street. O. The developer shall be responsible for the design cost of the proposed improvements to Phase Two of Tree Farm Road, from the Davila Street intersection to the intended intersection at Massey Road, not to exceed $150,000.00. 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules. C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 04 -51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service by the County of a proposed 16 inch force main along Collier Boulevard. VI -5 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserve tracts subject to a conservation easement on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 7.04.06 of the Florida Statutes. Preserve tracts shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibilities and the conservation easement shall be dedicated to Collier County with no responsibility for maintenance. In the event the project does not require platting all conservation/preserve areas shall be recorded as conservation easements in favor of the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species are observed on site, a habitat management plan for those protected species, and/or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. 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 plants (in perpetuity) shall be the responsibility of the homeowners' association. F. The RPUD 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. V1-6 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 [I� 8E G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plat /construction plan approval. H. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. I. A 30 -inch elliptical pipe shall be placed under the project's spine road to connect the two preserves for the purposes of a faunal crossing. It should be noted that this is not a water management structure, merely a small wildlife crossing. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, construction operation/management office and model center which may be constructed after zoning approval of this RPUD rezone. 6.11 SIGNS All signs shall be in accordance with Chapter 5.06.00. of Collier County's LDC in effect at the time of site development plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls shall be generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.02.B. to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF - STREET PARKING AREAS All landscaping for off - street parking areas shall be in accordance with Subsection 4.06.03.B. of the Collier County LDC in effect at the time of building permit application. VI -7 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 6.14 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County. Such agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. VI -8 Bristol Pines PUDZ -A- 2004 -AR -6084 Approved PUD document 11 -15 -05 r B n t { !`D r § � a E � I 3 R Q R ' p�ggs. T S E 8 o y El :a p°p ^ljoij10 ad= h E ��Q �.b Y' �m� S m�d.�� PIE' IN �'"•tltl 3 � a�.K6� A 5 a �^ �, � ES �• �� °� �R Bg 9 NOISWOB(n5 9NIdcl3N30 Oflda S3ldVN NI 30V1d- 11WWN5 - - - - LN3W11WW00 MOH .S9 38f11fiJ .-- _ __ M_ _ _ -------------- 0 a OOl) LS6 a0 OaVA31008 x311100 _ _ __ 'M'0 'a .0 L fC 1s $g �� 'E0 1 111 ®M a g R l s m� ��' E i Ia�R �pll Z y s o y El :a p°p ^ljoij10 ad= h E ��Q �.b Y' �m� S m�d.�� PIE' IN �'"•tltl 3 � a�.K6� A 5 a �^ �, � ES �• �� °� �R Bg 9 NOISWOB(n5 9NIdcl3N30 Oflda S3ldVN NI 30V1d- 11WWN5 - - - - LN3W11WW00 MOH .S9 38f11fiJ .-- _ __ M_ _ _ -------------- 0 a OOl) LS6 a0 OaVA31008 x311100 _ _ __ 'M'0 'a .0 L fC 1s $g �� o� F 'J / g (03d013A30NI) �l o� 1 o I p n a e me y IR triml2 Fm o 4 A �a 1�€ 2� z &Ma 8 s - 6 5 y 5f7 a F gA T ai A 5 j £g m 5 L u ig (SONVI 03Hd(11S10 J 3'JN30IS3i1 AIIWV.i 3l`JNIS) >t� 3af111001a0tl 'V EXHIBIT "A" a 61 >_ o o A A � I c� � S m A n Z ✓1 A O C mOZK `� m n n I I CJ c n V �O r r� WAT15RWAY5 J01Nf VINTU� :IV f3?5fO 'NS �C INC. �� A "° �anr oawa rw wz r>�La CONSULTING OvD BgWmmrg PPUP MA51M MAN y %. V VA. AL &""`' °8 �` �'°8 4 v s oHU wrolwwrrulwsrm�wrerww a�nan ntt�,vrw a g R 2 � E i Ia�R �pll Z y s � �� m �� b g ➢� c at S CC Q a 6 FR:( o� F 'J / g (03d013A30NI) �l o� 1 o I p n a e me y IR triml2 Fm o 4 A �a 1�€ 2� z &Ma 8 s - 6 5 y 5f7 a F gA T ai A 5 j £g m 5 L u ig (SONVI 03Hd(11S10 J 3'JN30IS3i1 AIIWV.i 3l`JNIS) >t� 3af111001a0tl 'V EXHIBIT "A" a 61 >_ o o A A � I c� � S m A n Z ✓1 A O C mOZK `� m n n I I CJ c n V �O r r� WAT15RWAY5 J01Nf VINTU� :IV f3?5fO 'NS �C INC. �� A "° �anr oawa rw wz r>�La CONSULTING OvD BgWmmrg PPUP MA51M MAN y %. V VA. AL &""`' °8 �` �'°8 4 v s oHU wrolwwrrulwsrm�wrerww a�nan ntt�,vrw �• | i a | , \ � | � �j , � JO ! . p -- |? ]| � ; $ �| J 6 cr .| q! cn 0 $ ¥ C� ° $ , i � $ \ | � � \ ( � w ?RwA 5J wf vu&� v ^ / CO5 5607eN -M5,�WL -- - - - ® -- - -- O It It y0 �r n� bd E TMP a�� x155 4195 26C WA1IpWY5 JOINT WNfUM IV IDIXT/ ,>rrc.Piamm�a 500• r�pisro� pirv�s gun p� =. ours .mc CONSULTING CivBFnginxring �Tp 5,09J�Ot A5. j ` v TL 1 Siuveying Mapping OFF511E INIEKFACC OHM' rerwa r.�u.,sy.anwrwa wao aays�n ru as wan e .,wu ,e.ec.e,a.nrmr�.tme.voc, ��n.r�.:annwo. NOISWoenS ONId013A30 onda S3ldVN NI 30V1d 11WWns 1N31(q11WW00 Mod .S9 38nln3 1 _. _. -_ --- _ - - -_ - -- _ (MOa oo�) (ise ao) o84n3lnoe a3mo Mod oat a - - -__— '1N1 SIX3 _ -- ti. - it ��fi IL fi I '� 4s I II I li I � _ O m 1 o I III � I y O L - I -J� pd i�n r! e O (03d013AYIN0 /� -- 3anllml8ov 'v I � _ I AI AI on I nA VIII I i n �� r o I � _ m I'I I L' o .. I II N N m I T 7 4 m (soNvI 03e8nlsl3an11n013063'8 AIIWVj 310NIS) D�T14�. 1LYJ� 35 195 26E �r INC. 01.p31.P9 I, _ bo. WATf?WAY5 JOINT VtWl -um 1V f 051"0 PINE5 WUn � \VA CONSULTING C7vilFi�gineaing Z \ t VA. Z Slaveymg Bc Mapping °P°� COWIPIUAl- WATEF?MANAGEMENlP -AN r.n.m.aruw. or rrrr �Wnam rucPm -,N r. Prepared by: Patrick G. White Asst. Collier County Att'y. 3301 Tamiami Trial East Naples, FL 34112 8E I This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2005, by and between Waterways Joint Venture IV a Florida general partnership (the "Developer ") and the Collier County Board of County Commissioners (the "Commission "), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property "). It is the Developers intent to construct a maximum of two hundred ninety two (292) residential units (the "Units ") at a density of 6.85 units per gross acre on the Property. The gross acreage of Property is 42.6 acres. The number of affordable Units constructed by Developer shall be 29, representing 10 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90 -89, now codified by Ordinance 04 -41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of one hundred twenty one (121) bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. Page 1 of 22 Rev 7/8/2005 I )YL� c 8E NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 2.85 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct thirty 30 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three- step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Page 2 of 22 P, Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an Page 3 of 22 ti appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of four 4 units per acre, and is therefore granted a density bonus of 2.85 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 6.85 units /ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of two hundred ninety two (292) units on the Property provided the Developer is able to secure building permit(s) from Collier County. Page 4 of 22 f 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - receipt requested U.S. Mail, or hand - delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the Page 5 of 22 tfY [l� express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples, FL 34120 Attention: Richard Davenport With copy to: Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. Page 6 of 22 fr,� EII 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non - discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. d. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. e. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Page 7 of 22� Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 10 percent affordable housing units for this project, with 10 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Page 8 of 22 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk By: FRED W. COYLE, CHAIRMAN Aoved a� t form and legal sufficiency: V� Patrick G. White Assistant County Attorney Page 9 of 22 �U Witne Witness Printed Name cc Witness V Printed Name * ISSG m `,ravlanr STATE OF FLORIDA ) COUNTY OF COLLIER ) DEVELOPER: WATERWAYS JOINT VENTURE IV, A Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership its general partner By: Waterways Development, Inc. a Florida corporation its General Partner Richard Davenport, President �8E The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2005. My Commission Expires: STEPHANIE KEENEY .- MY COMMISSION # DD 283174 pf, EXPIRES: Bonded Thhru Notery Public Undue rs Page 10 of 22 Notary Public EXHIBIT A BRISTOL PINES LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. TOGETHER WITH: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. TOGETHER WITH: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. TOGETHER WITH: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. TOGETHER WITH: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N.89 058'25 "E. FOR 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02 014'59 "E. FOR 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30.00 FOOT WIDE ROAD RIGHT -OF -WAY, RECORDED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT -OF -WAY, ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89 05825 "E. FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; Page 11 of 22 [I THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, S.02 015'20 "E. FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89 059'05 "E. FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES, AS RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89'58'27 "E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02014'1 9"E. FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG A PLATTED LINE OF SAID VANDERBILT COUNTRY CLUB 2, S.89 058'02 "W. FOR 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02 °14'43 "W. FOR 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89 057159 "W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02 014'59 "W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,856,282 SQUARE FEET OR 42.6 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING N.89 °58'25 "E. Page 12 of 22 : "? Q APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS /MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 29 4 Bedroom TOTAL 29 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL _ VERY -VERY LOW INCOME (25 % -50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development 4 units /acre. (2) Gross acreage 42.6 . (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 2.85 units. (4) Gross residential density of this development (including affordable housing density bonus units) 6.85 units /acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 10 %. Page 13 of 22 i !j APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner- occupied or rental, single - family or multi - family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner- occupied or rental, single - family or multi - family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 14 of 22 ' rl APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE 80% MI= MODERATE (OWNER - OCCUPIED, 0 1 * 1 SINGLE - FAMILY) 60% MI= LOW (OWNER - OCCUPIED OR RENTAL 2 3 4 SINGLE - FAMILY OR MULTI- FAMILY) 50 %MI= VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE - FAMILY OR MULTI - FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 15 of 22 rv, APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74 -402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low - Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME 1 2 3 4 5 6 7 8 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low - Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Page 16 of 22 ` ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 1 $392 1 $453 $506 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Page 16 of 22 ` APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co- Tenant Name Present Address: Name of Landlord Landlord's Address: Date of Application: Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes — No Race/National Origin: Handicap: Yes _ No — Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No, APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date - -- Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO- TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SECURITY 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Rev 7/8/2005 Page 17 of 22 fol SOCIAL APPENDIX B, EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co- Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 18 of 22 1 '11 Applicant Co- Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages /Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $— $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self - Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 18 of 22 1 '11 APPENDIX B, EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Street I, (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) Job Title: City State Zip hereby authorize the release of information requested The foregoing was acknowledged before me by Who is personally known to me or has produced Witness my hand and official seal this (notary seal) My Commission Expires: Signature of Applicant day of EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) as identification. Notary Public Monthly Supervisor 2005. Annually The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of 2005. (notary seal) My Commission Expires: ivuiary runiic THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 19 of 22 ,F1 8Ef APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Financial Administration and Housing Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; The Developer has made application to rezone the 42.6 acre parcel to Planned Unit Development 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application May 28, 2004 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 6.85 units /acre. Gross acreage of the proposed development. 42.6 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. Bristol Pines RPUD 5. Name of applicant Waterways Joint Venture IV Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 292 Other Bedroom TOTAL 292 Page 20 of 22 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80% MI Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL 0 LOW INCOME 60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCOME 50 %MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 29 Page 21 of 22 0 0 0 29 0 0 0 0 0 0 0 0 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer /dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in Bristol Pines, including the homes reserved for moderate income purchasers, will share many common features: * Solid concrete block construction. • Durable compressed concrete tile roofs. • Desirable concrete paver driveways, walks and entries. • R -19 fiberglass insulation in all attics; R4.2 in exterior walls. • Ceramic tile flooring in all kitchens, baths, and laundry areas. * Carpet over hypoallergenic pads in living and bedroom areas. * European style kitchen cabinets with fully adjustable shelves * Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal * High efficiency air conditioning with strip heat. * Fully landscaped private yards. * Dual sinks in the master bath. • Enclosed toilet /tub in the master bath. • Walk in closet for the master bedroom. • Aluminum framed windows and sliding glass doors. * Metal clad entry door with dead bolt lock. * Strong steel hurricane shutters. * Pre -wiring for cable television, telephone and a digital perimeter security alarm system. The homes reserved for low income purchasers will all be three bedroom, two bath units in four, five and eight unit buildings of one story. The interior units will offer 1,241 square feet of living area and the end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Community Association. The monthly homeowner's fee will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entry, common areas and a community clubhouse where residents and guests may swim, play tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is anticipated to be approximately $150 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. None Page 22 of 22 rA STATE OF FLORIDA) 8 COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -64 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board County Commi s s i ones 6 l. ��!` `�2 By: Ann Jennej off,, Deputy Clerk 8 F � COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Heidi Williams Date: Petition No. (If none, give brief description): PUDA- 2005 -AR -7557, HD Development PUD Petitioner: (Name & Address): Johnson Engineering, Inc., Laura Spurgeon, 2350 Stanford Court, Naples, FL 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Empire Developers Group LLC; 3838 Tamiami Trail N., Suite 300, Naples, Fl. 34103 Hearing before BCC BZA Other Requested Hearing date: November 15, 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: PUDA- 2005 -AR -7557, Empire Developers Group LLC, represented by Laura Spurgeon, of Johnson Engineering, Inc., is requesting an amendment to the HD Development Planned Unit Development (PUD) Document and Master Plan by: revising the minimum single - family lot area from 12,000 and 6,000 square feet to 9,000 square feet; revising the minimum lot width from 85 feet and 55 feet to 60 feet for interior lots and from 95 feet and 65 feet to 65 feet for corner lots; the project ownership; and correction of the buffer designation along Treeline Drive from a 10 -foot to a 20 -foot Type D Landscape Buffer. The subject property, consisting of 46.64 acres, is located north of Immokalee Road, east of Olde Cypress Boulevard, on the south side of Treeline Drive, in Section 21, Township 48 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: _ to rx r Depa ent Head Silty Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: I (0[ 05 11 (5 /05 Date Advertised: 10�30��5 Date Received: Zl Date of Public hearing: $ F � ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION, REQUESTING AN AMENDMENT TO THE HD DEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DOCUMENT AND MASTER PLAN BY: REVISING THE MINIMUM SINGLE- FAMILY LOT AREAS FROM 12,000 AND 6,000 SQUARE FEET TO 9,000 SQUARE FEET; REVISING THE MINIMUM INTERIOR LOT WIDTHS FROM 85 FEET AND 55 FEET TO 60 FEET; REVISING THE MINIMUM CORNER LOT WIDTHS FROM 95 FEET AND 65 FEET TO 65 FEET; PROJECT OWNERSHIP TO RECOGNIZE THE CURRENT OWNER; REMOVING ATTACHED AND ZERO -LOT LINE DWELLING UNITS AS PERMITTED USES; REQUIRING ADDITIONAL LANDSCAPING ON THE NORTH SIDE OF THE PUD, FOR THE SUBJECT PROPERTY LOCATED NORTH OF IMMOKALEE ROAD, EAST OF OLDE CYPRESS BOULEVARD, ON THE SOUTH SIDE OF TREELINE DRIVE, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.641 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 03 -30, THE FORMER HD DEVELOPMENT PUD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Empire Developers Group, LLC, represented by Laura Spurgeon of Johnson Engineering, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject property, per Petition Number PUDA- 2005 -AR -7557. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Zoning Classification of the subject property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of the attached HD Development Residential Planned Unit Development (RPUD) Document and Master Plan is amended to revise the minimum single- family lot areas from 12,000 and 6,000 square feet to 9,000 square feet; revise the minimum interior lot widths from 85 feet and 55 feet to 60 feet; revise the minimum corner lot widths from 95 feet and 65 feet to 65 feet; to reflect the changes in project ownership; to remove "attached" and "zero -lot line" dwelling units as permitted uses; and, to require additional landscaping on the north side of the PUD. Page 1 of 2 i Development must be made in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated by reference such that the appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 03 -30, known as the HD Development PUD, adopted on June 24, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these provisions. 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to Form and qa7-- Patrick G. White Assistant County Attorney PUDA- 2005- AR- 7557/H W /sp Page 2 of 2 FRED W. COYLE, CHAIRMAN 8 F � ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION, REQUESTING AN AMENDMENT TO THE HD DEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DOCUMENT AND MASTER PLAN BY: REVISING THE MINIMUM SINGLE - FAMILY LOT AREAS FROM 12,000 AND 6,000 SQUARE FEET TO 9,000 SQUARE FEET; REVISING THE MINIMUM INTERIOR LOT WIDTHS FROM 85 FEET AND 55 FEET TO 60 FEET; REVISING THE MINIMUM CORNER LOT WIDTHS FROM 95 FEET AND 65 FEET TO 65 FEET; PROJECT OWNERSHIP TO RECOGNIZE THE CURRENT OWNER; REMOVING ATTACHED AND ZERO -LOT LINE DWELLING UNITS AS PERMITTED USES; REQUIRING ADDITIONAL LANDSCAPING ON THE NORTH SIDE OF THE PUD, FOR THE SUBJECT PROPERTY LOCATED NORTH OF IMMOKALEE ROAD, EAST OF OLDE CYPRESS BOULEVARD, ON THE SOUTH SIDE OF TREELINE DRIVE, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.641 ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 03 -30, THE FORMER HD DEVELOPMENT PUD; AND PROVIDING FOR AN EFFECTIVE. DATE. WHEREAS, Empire Developers Group, LLC, represented by Laura Spurgeon of Johnson Engineering, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject property, per Petition Number PUDA - 2005 -AR -7557. NOW THEREFORE, BE IT ORDAINED BY THE .BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Zoning Classification of the subject property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of the attached HD Development Residential Planned Unit Development (RPUD) Document and Master Plan is amended to revise the minimum single - family lot areas from 12,000 and 6,000 square feet to 9,000 square feet; revise the minimum interior lot widths from 85 feet and 55 feet to 60 feet; revise the minimum comer lot widths from 95 feet and 65 feet to 65 feet; to reflect the changes in project ownership; to remove "attached" and "zero -lot line" dwelling units as permitted uses; and, to require additional landscaping on the north side of the PUD. Page I of 2 8 F Development must be made in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated by reference such that the appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 03 -30, known as the HD Development PUD, adopted on June 24, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these provisions. 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT' E. BROCK, CLERK COLLIER. COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to Form and i 1 Sufficiency: Patrick G. White Assistant County Attorney PUDA- 20DS- AR- 75571HWlsp Page 2 of 2 8 F H.D. DEVELOPMENT PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: EMPIRE DEVELOPERS GROUP, LLC 5660 STRAND COURT NAPLES, FL 34110 ORIGINALLY PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 and DAVID WILLEMS, PE JOHNSON ENGINEERING, INC. 2158 JOHNSON STREET FORT MYERS, FLORIDA 33901 AMENDED BY: JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FL 34104 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC PREVIOUS ORDINANCE NUMBER 03 -30 AMENDED EXHIBIT "A" • TABLE OF CONTENTS PAGE TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 4 SECTION III RESIDENTIAL AREAS PLAN 6 7- SECTION IV PRESERVE AREAS PLAN 11 4-2 SECTION V DEVELOPMENT COMMITMENTS 12 4-3 IE IN 8 F � LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN EXHIBIT "C" LANDSCAPE PLAN iii 8 F STATEMENT OF COMPLIANCE The development of approximately 46.64± acres of property in Collier County, as a Residential Planned Unit Development (RPUD) to be known as the H.D. Development PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the H.D. Development PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, iR is consistent with Objective 2 of the Future Land Use Element. 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The Project is located within an Urban Residential Mixed Use designation of the Future Land Use Element; the Urban Residential Subdistrict. The projected density of 2.23 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwelling units /acre Maximum Permitted Density 4 dwelling units /acre Maximum permitted units = 46.64 acres x 4 dwelling units /acre = 186 units. Requested dwelling units = 104, which results in a requested density of 2.23 dwelling units /acre. 6. All final local development orders for this Project are subject to Division 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 8 F If 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 H.D. Development RPUD. 1.2 LEGAL DESCRIPTION The subject property being 46.64± acres, is comprised of 3 separate parcels that are located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. The West half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, Collier County, Florida. B. The West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida. C. The East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record. 1.3 PROPERTY OWNERSHIP David A. The subject property is owned by: A. GusteF, MaRagiRg PaFtReF, _ ■ Development, I=LG, 14EI45 Fripp island GE)urt, Naples, Florida 34119 Empire Developers Group, LLC, 5660 Strand Court, Naples, FL 34110. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Immokalee Road, approximately 1.25 miles east of Oakes Boulevard, unincorporated Collier County, Florida. B. The entire Project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 2 • 1.5 PHYSICAL DESCRIPTION The project site is located within the Cocohatchee River Canal drainage basin according to the Collier County drainage atlas. The proposed outfall for the project is the Cocohatchee Canal located north of Immokalee Road. The peak discharge rate from the design storm will be limited 0.04 cubic feet per second /per acre in accordance with Collier County Ordinance No. 90 -10. Natural ground elevation is approximately +12.0 to +14.0 NGVD. The entire site is located within FEMA flood Zone X with no base flood elevation specified. The water management system for the project proposes the construction of the perimeter berm with crest elevation set at the 25 -year, 3 -day flood stage. Water quality treatment is proposed in on -site lakes, swales and detention areas prior to discharge to the Cocohatchee Canal. Per Collier County's soil survey dated 1998, there are three types of soil found within the limits of the property: No. 17 — Basinger fine sand. No. 25 — Boca, Riviera, limestone sub stratum and Copeland fine sand, depressional No. 27 — Pompano fine sands, depressional. The site vegetation consists mainly of pine and palmetto flat woods with mixed cypress and a cypress canopy with wire grass understory. The proposed plans are to preserve the high quality cypress slough area through the project and have two independent development tracts in the upland and lower quality wetland areas of the project. The site has been impacted by melaleuca and other exotics that will be removed as part of the proposed site improvements. 1.6 PROJECT DESCRIPTION The H.D. Development RPUD is a Project comprised of a maximum of 104 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "H.D. Development Residential Planned Unit Development Ordinance." 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE • The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL A. Regulations for development of the H.D. Development RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise required, 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 of building permit application. C. All applicable regulations, unless specifically waived through a variance procedure or separate provision provided for in this PUD Document, shall remain in full force and effect. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 345 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 104 dwelling units shall be constructed in the Residential Areas of the project. The gross project area is 46.64± acres yielding a residential density of 2.23 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS 4 8 F t A. The general configuration of the land uses are illustrated graphically on Exhibit 'A" PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 34 10.02.20s+e of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 34 10.02.03, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.4 10.02.03 in effect prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 4 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers may be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the requirements of Section 2�33.3 5.04.03 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted, in accordance with Section 3:2.8:3.6 4.06.04 of the Land Development Code, as amended. Off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" , whereby off -site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions ef Division 3.5-, pertaining to Excavation, of within the Land Development Code shall apply. 5 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE 8 F � The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 104 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single- family dwellings in Tracts 1 and 2 T-FaGt 2 eRly 3. 2. Multi- family dwellings in Tract 3 only (includes townhouses and garden apartments). 4. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 8 F 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Essential services, including interim and permanent utility and maintenance facilities. 4. Water management facilities. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the H.D. Development RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. N STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (3) Wetland Preserve Area Setback Principal Structure Accessory Structure Distance Between Structures Main /Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height Principal Building Accessory Building Minimum Floor Area TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SINGLE - FAMILY ON TRACTS 1 & 2 12,090 Sq. Ft. 9,000 9,5160' Interior Lots (1) 95' 65' Corner Lots 23' (2) 6' 7.5' NA 20' (30' adjacent Olde Cypress PUD) 10' (20' adjacent Olde Cypress PUD) NA NA 20' 25' 10' NA NA MULTI - FAMILY ON TRACT 3 NA NA NA 15' 7.5' 10' 12.5' 20' 10' 20' 10' 20' 25' 12' - - PUP) 15' - - PUD) NA NA MULTI - FAMILY ON TRACT 3 NA NA NA 15' 7.5' 10' 12.5' 20' 10' 20' 10' 20' 25' 12' 42! 15' 15' 419' 20' NA AAA 25' 10' 4_0! 10' 35' with a maximum of 2 stories 20' /Clubhouse 35' 2400 Sq. Ft. 0 42' with a maximum of 3 stories 20' /Clubhouse 38' 650 Sq. Ft. for 1 Bedroom 900 Sq. Ft. for 2 Bedrooms 1000 Sq. Ft. for 3 Bedrooms (1) May be reduced on cul -de -sac lots and lots on the inside part of curved streets by 25 %. (2) The front yard setback for side - loaded garages may be reduced to 18', with the home remaining at 23', where the applicant demonstrates that 2 vehicles can be adequately parked on a double -wide driveway without overhanging onto the sidewalk located at the edge of the right -of- way. (3) Lake setbacks are measured from the control elevation established for the lake. 8 F B. Off - Street Parking and Loading Requirements: Parking regulations shall be as required by Division 2- -34.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.324.02.01 of the Land Development Code, shall be provided on- site for any residential project. 2. A minimum of 11.52 acres, 25% of the viable native vegetation, shall be provided on -site, including both the under -story and the ground cover emphasizing the largest contiguous area possible. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to the wetland preserve areas, they shall be separate from those preserve areas. 2. A twenty (20) foot Type "D" Buffer shall be provided within the Residential Areas Tracts adjacent to Immokalee Road, a ten (10) foot Type "A" Buffer along the western PUD boundary, a + 0) feet Type "A" Buffer adjaGeRt tG the GiRgle family hemeg en �+ 6;de of T-FeeliRe DFive, and a fifteen (15) foot Type "B" Buffer along the eastern side of Residential Area - Tract 3. 3. Refer to Exhibit C for enhanced landscapinq required to be provided along the northern PUD boundary. Remaining landscaping and buffering shall be provided per Divie -=4. Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected within the Residential Areas. Landscaping and streetscape materials shall also be similar in design throughout the Residential Areas. W 8 F 2. All pole lighting, internal to the Residential Areas, shall be architecturally designed and limited to a height of thirty (30) feet. F. Signs Signs shall be permitted as described within Division 2--55.06.00 of the Collier County Land Development Code. T SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE 8 F The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Environmental Staff's review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. Ii SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE 8 F IV The purpose of this Section is to set forth the commitments for the development of this Project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The developer, his successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit 'A," PUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.,3:510.02.13 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 8 F 5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in 1 or 2 phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2. 7.3.10.02.13 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.610.02.13 of the Collier County Land Development Code. An affidavit of the owner of the property within the PUD shall be submitted with the report stating that the contents of the report are true and correct. 5.5 ENGINEERING A. This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for Development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3- .210.02.00, Subdivisions, and Division 3-3:10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) permit, permit modification or waiver shall be provided to Collier County at the time of construction plans review. B. If the project is proposing construction impacts within a Big Cypress Basin maintained easement, the applicant shall provide a copy of the approved SFWMD Right -of -Way Permit to Collier County during the review of the construction plans. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Code of Laws Land DevelepmeRt Go de and SFWMD Rules. All road impact fees must be paid prior to removal of material from the site. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier 13 8 F County Ordinance No. 01 -57, as amended, and other applicable County rules and regulations. 5.8 TRAFFIC The development of this PUD shall be subject to and governed by the following minimum stipulations. A. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards, as amended, and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. E. Road Impact Fees will be paid in accordance with applicable Collier County Ordinances. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. G. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These 14 M5 include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in /right out condition. Neither will the existence of a point of ingress, egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. The following shall be the minimum requirements: 1. Pedestrian travel ways: a) On local roadways sidewalks shall be a minimum of six feet in width. b) On collector and arterial roadways sidewalks shall be a minimum of eight feet in width. 2. Bicycle travel ways: a) On local roadways bike lanes are not required. Travel lanes shall be a minimum of twelve feet in width so as to accommodate bicyclists. b) On collector and arterial roadways, in addition to the vehicular travel lanes, bike lanes shall be provided. The bike lanes shall be a minimum of four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. 3. The pedestrian and bicycle travel ways, and their interconnections, shall be separated from vehicular traffic by a minimum distance of three feet. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developers) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. 15 8 F K. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right -of -way and /or compensating right -of -way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff at the time of site development plan or final subdivision plat. L. All work within Collier County right -of -way shall meet the requirements of applicable Collier County Ordinances. M. All internal access(es), drive aisle(s), sidewalk(s), not located within County right -of -way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan approval. O. Frontage, midpoint and/or reverse frontage (backside) interconnection (s) may be required by Collier County Transportation Staff as a condition of site development plan approval. P. Prior to development of any and all portion(s) of any and all development(s), site development plan approval shall be obtained /received from Collier County Transportation Staff. Q. If a gate is proposed at any and/or all development entrance(s) the gates shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. The following minimum requirements shall be: 1. The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than a minimum of 100 feet to the key pad /phone box for the proposed gate(s). 2. A turn - around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad /phone box and the proposed gate(s). R. The Tract 3, Multifamily Residential Area, shall not access to or from Treeline Drive. 16 5.9 5.10 S To minimize the effects of construction traffic on the Olde Cypress neighborhood all construction related traffic including but not limited to earth moving equipment and dump trucks shall only access the project site through the Cocohatchee canal maintenance easement subject to South Florida Water Management District permitting. PLANNING A. 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. Furthermore, the procedures of Section 2.2.25.8.1 of the Land Development Code shall be followed. B. Sidewalks six feet in width shall be provided on both sides of local streets and shall connect on -site residential buildings to a sidewalk within a public roadway, or, if no sidewalk exists, it shall connect to the right -of -way line. Should a two - directional shared -use path be utilized, the minimum paved width shall be 10 feet. C. All sidewalks and bike lanes shall be constructed in accordance with design specifications identified in Section 3.2.9.4.146.06.02 and Division 25.05.08, respectively, of the Land Development Code. D. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right -of -way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. E. For multi - family tracts, sidewalks, six feet in width, must be provided on both sides of local streets within a dedicated public right -of -way or roadway easement. Where there is no public right -of -way or roadway easement, sidewalks must connect on -site residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right -of -way line in accordance with Section 3.2.8.3.176.06.02 of the Land Development Code. Should a two- directional shared use path be utilized, the minimum paved width must be 10 feet. ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Section Staff. Removal of exotic 17 8 F vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with Section 3.'o =.9. 4.6.05.02 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to final site development plan /construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation /preservation areas. E. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on -site. F. The flow- way /cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD Master Plan. 5.11 FIRE A. All improvements shall be in accordance with all applicable fire codes and ordinances. 18 m Z F�1 Z m m H Z ,b � Nph 2-7 N.M. �cw q,.,e Kw N...b M.M f- — --A -'-' M - S e.. Y 'O 6 6 T o m B d �% n Q 33a R 3 $� t� ! J� $o RB � S #B �R � m I� • a x x o ;a ' U'kVi q !caaa Ecaemerrt (te De vamtee; \\ 50004.57E 1230.72' S2 a F a 8 0 �c�14- �� F r�ic�� I i= e : $o RB � S Z � \ ' \l Nn G >a ' U'kVi q !caaa Ecaemerrt (te De vamtee; \\ 50004.57E 1230.72' S2 a F a 8 0 �c�14- �� lm r�ic�� I S • m . •� a a_ - m I� • a x x VI �3 K w 4 � 6 a Z � \ ' \l Nn G >a ' U'kVi q !caaa Ecaemerrt (te De vamtee; \\ 50004.57E 1230.72' S2 a F a 8 0 �c�14- �� r�ic�� M w � 0 C d a m Z Cl z m m Z x 3 o r�u•rrAwrrae- R� yl �I I�I 1I(j �y 8 C n Q EL a wELL m o, W� F M z a O W Q, x, z �A � � z o W P a ti o Q � V U O O w Q 1 i I t II I LU 71 I > cr a ] O j $ r — 81A I a pE A z g� w OPP.<Al:r ui LLJ J w �FiIF I 1 191 10-o W I m y�ffi (Y ' 1p I g I a wELL m o, W� F M z a O W Q, x, z �A � � z o W P a ti o Q � V U O O w Q 1 i I t II I LU 71 I > cr I LL O j $ r — 81A a pE A z IL w OPP.<Al:r LOSE J w �FiIF I 1 191 10-o W I m � I g I IL I mIx l d uJ w: o i ,I a wELL m o, W� F M z a O W Q, x, z �A � � z o W P a ti o Q � V U O O w Q 4— 0 Ni wyb r — 81A a pE A Q 11 w OPP.<Al:r LOSE lay. �FiIF I 1 191 10-o A � d WI O U b ;1 W 1 J 0 o W / W f� r. a wELL m o, W� F M z a O W Q, x, z �A � � z o W P a ti o Q � V U O O w Q 4— 0 Ni Wz 0�-,+ Q 11 w OPP.<Al:r LOSE • October 22, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDA- 2005 -AR -7557, HD Development Dear Legals: Please advertise the above referenced petition on Sunday, October 30, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, E',• ,2 6 Trish Morgan, Deputy Clerk Enclosure Charge to: 113- 138312- 649110 8 F , NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 15, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION, REQUESTING AN AMENDMENT TO THE HD DEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DOCUMENT AND MASTER PLAN BY: REVISING THE MINIMUM SINGLE - FAMILY LOT AREAS FROM 12,000 AND 6,000 SQUARE FEET TO 9,000 SQUARE FEET; REVISING THE MINIMUM INTERIOR LOT WIDTHS FROM 85 FEET AND 55 FEET TO 60 FEET; REVISING THE MINIMUM CORNER LOT WIDTHS FROM 95 FEET AND 65 FEET TO 65 FEET; PROJECT OWNERSHIP TO RECOGNIZE THE CURRENT OWNER; REMOVING ATTACHED AND ZERO -LOT LINE DWELLING UNITS AS PERMITTED USES; REQUIRING ADDITIONAL LANDSCAPING ON THE NORTH SIDE OF THE PUD, FOR THE SUBJECT PROPERTY LOCATED NORTH OF IMMOKALEE ROAD, EAST OF OLDE CYPRESS BOULEVARD, ON THE SOUTH SIDE OF TREELINE DRIVE, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.64 +/- ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 03 -30, THE FORMER HD DEVELOPMENT PUD; AND PROVIDING FOR AN EFFECTIVE DATE. Petition PUDA- 2005 -AR -7557, Empire Developers Group LLC, represented by Laura Spurgeon, of Johnson Engineering, Inc., is requesting an amendment to the HD Development Planned Unit Development (PUD) Document and Master Plan by : revising the minimum single- family lot area from 12,000 and 6,000 square feet to 9,000 square feet; revising the minimum lot width from 85 feet and 55 feet to 60 feet for interior lots and from 95 feet and 65 feet to 65 feet for corner lots; the project ownership; and correction of the buffer designation along Treeline Drive from a 10 -foot to a 20 -foot Type D Landscape Buffer. The subject property, consisting of 46.64 acres, is located north of Immokalee Road, east of Olde Cypress Boulevard, on the south side of Treeline Drive, in Section 21, Township 48 South, Range 26 East, Collier County, Florida. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. L41001M NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have writt the Board agenda packets must subm prior to the respective public hea intended to be considered by the B appropriate County staff a minimum hearing. All material used in pre become a permanent part of the rec en or graphic materials included in it said material a minimum of 3 weeks ring. In any case, written materials oard shall be submitted to the of seven days prior to the public sentations before the Board will ord. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk (SEAL) ap my - C of C6 =11ier 8 CLERK OF THE CJRCUIT COURT Dwight E. Brock COLLIER COUNTY Cj0URT4OUSE 3301 TAMIAMI TRAIL EAT Clerk of Courts Clerk of Courts . P.O. BOX 4q044 Accountant NAPLES, FLORIDA,,3, 101 -30}4 Auditor Custodian of County Funds f i October 22, 2005 Laura Spurgeon Johnson Engineering, Inc. 2350 Stanford Court Naples, FL 34112 Re: Notice of Public Hearing to consider Petition PUDA- 2005 -AR -7557, HD Development PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 15, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna clerk.collier.Mus 'C un. ty -af-C4 Tier CLERK � . � � F OF THI 4RCUIT COURT Dwight E. Brock COLLIER COUNTY COURTPIPUSE 3301 TAM T"IL EAT Clerk of Courts Clerk of Courts P O. BOX 411044 Accountant NAPLES, FLORIDA \�,4 101 -30 }4 Auditor Custodian of County Funds i 1� October 22, 2005 Empire Developers Group, LLC 3838 Tamiami Trail North Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDA - 2005 -AR -7557, HD Development PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 15, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk@clerk.collier.fl.us Patricia L. Morgan From: Patricia L. Morgan Sent: Saturday, October 22, 2005 9:20 AM To: legals @naplesnews.com Subject: Advertising: PUDA- 2005 -AR -7557 Attachments: PUDA- 2005- AR- 7557.doc; PUDA- 2005- AR- 7557.doc Legals, Please run the attached advertising on Sunday, October 30, 2005. Please confirm its placement. Thankyou, Trish Morgan Clerk to the Board Minutes cT I&cords Dept. J� PUDA - 2005 -AR -755 PUDA- 2005 -AR -755 7.doc (30 KB) Tdoc (33 KB) • • Patricia L. Morgan From: ClerkPostmaster Sent: Saturday, October 22, 2005 9:20 AM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) Attachments: ATT4206863.txt; Advertising: PUDA- 2005 -AR -7557 El ILI ATT4206863.txt Advertising: (229 B) 'UDA- 2005 -AR -755.. This is an automatically generated Defivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. fegafs@napfesnews.com 4v Patricia L. Morgan 8 From: System Administrator [postmaster @naplesnews.com] Sent: Saturday, October 22, 2005 9:19 AM To: Patricia L. Morgan Subject: Delivered: Advertising: PUDA- 2005 -AR -7557 Attachments: Advertising: PUDA- 2005 -AR -7557 LI Advertising: 'UDA- 2005 -AR -755.. «Advertising: V DA -2005 Al2,- 7557» Tour message To: legafs @napfesnews. com Subject: Advertising: 1n` Q,4- 2005,48- -7557 Sent: Sat, 22 Oct 2005 09:19:36 -0400 was delivered to the following recipient(s): legals on Sat, 22 Oct 2005 09:18:42 -0400 Advertising: PUDA- 2005 -AR -7557 • Patricia L. Morgan From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Tuesday, October 25, 2005 10:53 AM To: Patricia L. Morgan Subject: RE: Advertising: PUDA- 2005 -AR -7557 OK - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan@clerk.collier.fl. us] Sent: Saturday, October 22, 2005 9:20 AM To: legals @naplesnews.com Subject: Advertising: PUDA- 2005 -AR -7557 Legafs, Page 1 of 1 (Please run the attached advertising on Sunday, Octo6er 30, 2005. Please confirm its placement. 7liankyou, 7nA Morgan Clerk to the Board Minutes (sT,, Records Dept. «PUDA- 2005- AR- 7557.doc>> «PUDA- 2005- AR- 7557.doc>> 10/28/2005 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue October 30th, 2005 Mfiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This October 31st, 2005 lgnature of notary public) • IDA- 20 OF I05 AR -7 OTICE NTEN CONSIDER ORDINANCE` Notice. is hereby given that on Tuesday, No- vember 15, 2005 In the Boardroom, 3r Floo,r, Administration LlIdIng, Collier County Govern- ment Center, 3301 East Tamiaml Trail, Naples, �lorida, the Board of ounty Commissioners will consider the enact- ment of a County� will nance. The meeeettll commence at 9:00 A.M. The title of the proposed Ordinance Is as follows: DEVEL- OPMENT PUD; AND PRO- VIDING F. R AN EFFEC- TIVE PUDA-2005 -AR 7557, Empire Developers Group LLC, represented by Laura- Spurgeon Of Johnson Egngineertng,. amendment totthe HDI Development Planned,, Unit Development (P4JD) Document and Mas'tter minim m 9iriplle- family lot area from 12 000 and 9;00o square square revis I Q the minimum lot width from 85 feet and tteriortlots6andefrom 95 feet and 65 feet to 65 feet for corner lots; the project ownership: and correction of the buffer lines priv�eofrom along foot LandscapeoB ffType . he sisting oT 46..64 acres is located north of Immo- kalee goad, east of Olde Cypress Boulevard on li a Drive In�Secti n 21, Township 48 South, County,Florida.t Collier A COPY of the proposed Ordinance is on file with the Clerk to the Board and is available for in- spection. All interested to at- t n= heard NOTE: All peon a any to speak ny agenda Rem must regis- ter nirato i:o the County on am nel- tion of an Individual to speak .on behalf of an organization or group i� encouraged. if recog nized by the. Chairman a spokesperson for grout or organization may be allotted 3o min e. ens to speak on an t Persons wishing to h..^ written or graph)c ORIGINAL DOCUMENTS CHECKLIST & ROUTING S TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT W 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete in routing lines #1 thmnghr #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the Route to Addressee(s) (List in routing order) cnecrcnsc, ana Office rorwara to Sue Filson Initials (line #5). Date (Initial) signed by the Chairman, with the exception of most letters, must be reviewed and signed 2 by the Office of the County Attorney. This includes signature pages from ordinances, 3. contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. Chairman and Clerk to the Board and possibly State Officials.) 2. 5. Sue Filson, Executive Manager Board ffC:0:Un:ty Commissioners Office and all other parties except the BCC Chairman and the Clerk to the Board 6. Minutes and Records Clerk of Court's Office The Chairman's signature line date has been entered as the date of BCC approval of the PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact ~-) Agenda Date Item was Agenda Item Number G• Approved by the BCC j IF Type of Document Number of Original Attached I Documents Attached 11VCT AITd -9rT '%XTC n_ rvry r.- L Forms/ County Forms/ BCC Forms, Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2.24.05 N/A (Not Applicable N/A is not an option for fine 6. Initial Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes 1. ....appropriate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. f Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporat d in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms, Original Documents Routing Slip WWS Original 9.03.04, Revised 1,26.05, Revised 2.24.05 N/A (Not Applicable N/A is not an option for fine 6. ... ib.8F Uft • ._III O ► 10191MEM AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION, REQUESTING AN AMENDMENT TO THE HD DEVELOPMENT PLANNED UNIT DEVELOPMENT (PUD) DOCUMENT AND MASTER PLAN BY: REVISING THE MINIMUM SINGLE- FAMILY LOT AREAS FROM 12,000 AND 6,000 SQUARE FEET TO 9,000 SQUARE FEET; REVISING THE MINIMUM INTERIOR LOT WIDTHS FROM 85 FEET AND 55 FEET TO 60 FEET; REVISING THE MINIMUM CORNER LOT WIDTHS FROM 95 FEET AND 65 FEET TO 65 FEET; PROJECT OWNERSHIP TO RECOGNIZE THE CURRENT OWNER; REMOVING ATTACHED AND ZERO -LOT LINE DWELLING UNITS AS PERMITTED USES; REQUIRING ADDITIONAL LANDSCAPING ON THE NORTH SIDE OF THE PUD, FOR THE SUBJECT PROPERTY LOCATED NORTH OF IMMOKALEE ROAD, EAST OF OLDE CYPRESS BOULEVARD, ON THE SOUTH SIDE OF TREELINE DRIVE, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 46.64± ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 03 -30, THE FORMER HD DEVELOPMENT PUD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Empire Developers Group, LLC, represented by Laura Spurgeon of Johnson Engineering, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject property, per Petition Number PUDA- 2005 -AR -7557. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Zoning Classification of the subject property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of the attached HD Development Residential Planned Unit Development (RPUD) Document and Master Plan is amended to revise the minimum single - family lot areas from 12,000 and 6,000 square feet to 9,000 square feet; revise the minimum interior lot widths from 85 feet and 55 feet to 60 feet; revise the minimum corner lot widths from 95 feet and 65 feet to 65 feet; to reflect the changes in project ownership; to remove "attached" and "zero -lot line" dwelling units as permitted uses; and, to require additional landscaping on the north side of the PUD. Page 1 of 2 Development must be made in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated by reference such that the appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 03 -30, known as the HD Development PUD, adopted on June 24, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety and replaced with these provisions. 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 15 day of NOVP. UkJ6p,C , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT:E..BROCK, CLERK COLLIER COUNTY, FLORIDA sr V11) ae BY: A tesVb 7'Js , FRED W. COYLE, AIRMAN ApprovP as td, Form and 1 Le Suffi cy: - Patrick G. ite Assistant County Attorney P UDA- 2005 -AR- 7557/1-[ W /sp Page 2 of 2 3 F H.D. DEVELOPMENT RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED F EMPIRE DEVELOPERS GROUP, LLC 5660 STRAND COURT NAPLES, FL 34110 ORIGINALLY PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 and DAVID WILLEMS, PE JOHNSON ENGINEERING, INC. 2158 JOHNSON STREET FORT MYERS, FLORIDA 33901 AMENDED BY: JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FL 34104 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC 11 -15 -2005 PREVIOUS ORDINANCE NUMBER 03 -30 AMENDED EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS 11 8 F PAGE ii 1 2 4 6 7- 11 42 12 4-3 r- 8F LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN EXHIBIT "C" LANDSCAPE PLANTING PLAN EXHIBIT "D" NORTH BUFFER DIAGRAM STATEMENT OF COMPLIANCE 8F 14 The development of approximately 46.64± acres of property in Collier County, as a Residential Planned Unit Development (RPUD) to be known as the H.D. Development RPUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the H.D. Development RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, iR is consistent with Objective 2 of the Future Land Use Element. 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The Project is located within an Urban Residential Mixed Use designation of the Future Land Use Element; the Urban Residential Subdistrict. The projected density of 2.23 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Maximum Permitted Density 4 dwelling units /acre 4 dwelling units /acre Maximum permitted units = 46.64 acres x 4 dwelling units /acre = 186 units. Requested dwelling units = 104, which results in a requested density of 2.23 dwelling units /acre. 6. All final local development orders for this Project are subject to Division 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. F S 8 F ECTION I I f" 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 the H.D. Development RPUD. 1.2 LEGAL DESCRIPTION The subject property being 46.64± acres, is comprised of 3 separate parcels that are located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. The West half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, Collier County, Florida. B. The West half of the West half of the Southwest quarter of the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida. C. The East half of the Southeast quarter of the Southwest quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, subject to existing restrictions and reservations of record. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: Island Court, Naples, RE)Fida 34119. Empire Developers Group, LLC, 5660 Strand Court, Naples, FL 34110 and Richard B and Amy L Melson 5660 Strand Court, Naples, FL 34110 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Immokalee Road, approximately 1.25 miles east of Oakes Boulevard, unincorporated Collier County, Florida. B. The entire Project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 2 'AF 1.5 PHYSICAL DESCRIPTION The project site is located within the Cocohatchee River Canal drainage basin according to the Collier County drainage atlas. The proposed outfall for the project is the Cocohatchee Canal located north of Immokalee Road. The peak discharge rate from the design storm will be limited 0.04 cubic feet per second /per acre in accordance with Collier County Ordinance No. 90 -10. Natural ground elevation is approximately +12.0 to +14.0 NGVD. The entire site is located within FEMA flood Zone X with no base flood elevation specified. The water management system for the project proposes the construction of the perimeter berm with crest elevation set at the 25 -year, 3 -day flood stage. Water quality treatment is proposed in on -site lakes, swales and detention areas prior to discharge to the Cocohatchee Canal. Per Collier County's soil survey dated 1998, there are three types of soil found within the limits of the property: No. 17 — Basinger fine sand. No. 25 — Boca, Riviera, limestone sub stratum and Copeland fine sand, depressional No. 27 — Pompano fine sands, depressional. The site vegetation consists mainly of pine and palmetto flat woods with mixed cypress and a cypress canopy with wire grass understory. The proposed plans are to preserve the high quality cypress slough area through the project and have two independent development tracts in the upland and lower quality wetland areas of the project. The site has been impacted by melaleuca and other exotics that will be removed as part of the proposed site improvements. 1.6 PROJECT DESCRIPTION The H.D. Development RPUD is a Project comprised of a maximum of 104 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "H.D. Development Residential Planned Unit Development Ordinance." , ow ,.� SECTION II ' - 8 F J PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL A. Regulations for development of the H.D. Development RPUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, to which said regulations relate which authorizes the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise required, 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 of building permit application. C. All applicable regulations, unless specifically waived through a variance procedure or separate provision provided for in this PUD Document, shall remain in full force and effect. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 34-5 6.02.00, Adequate Public Facilities, of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 104 dwelling units shall be constructed in the Residential Areas of the project. The gross project area is 46.64± acres yielding a residential density of 2.23 units per acre. Tracts 1 and 2 together are limited to a total of 71 dwelling units. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit 'A," PUD Master Plan, which constitutes the required PUD 4 s W 8 Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 34 10.02.00, +ate of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3:3 10.02.03, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided -in said Division 3:3 10.02.03 in effect prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2. 6.33 4 5.04.04 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers may be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the requirements of Section 2.6-33.3 5.04.03 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted, in accordance with Section 3.2.8.3.6 4.06.04 of the Land Development Code, as amended. Off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" , whereby off -site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of DiViGiGR 3.5, pertaining to Excavation, of within the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE Sam The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit 'A," PUD Master Plan, as may be amended pursuant to Section 5.3. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 104 units. The maximum number of residential dwelling units within Tracts 1 and 2 shall be 71 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single- family dwellings in Tracts 1 and 2 Tract 2 ems- 3- 2. Multi- family dwellings in Tract 3 only (includes townhouses and garden apartments). 4: 30 Temporary sales trailers and model units. 4. Gatehouse. 5. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 6 8 F_ 3. Essential services, including interim and permanent utility and maintenance facilities. 4. Water management facilities. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the H.D. Development RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. 7 STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (3) Wetland Preserve Area Setback Principal Structure Accessory Structure Distance Between Structures Main /Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height Principal Building Accessory Building Minimum Floor Area TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SINGLE - FAMILY ON TRACTS 1 & 2 12,000 Sq. Ft. 9,000 85' 60' Interior Lots (1) 95' 65' Corner Lots 23' (2) 6' 7-.5' NA NA 20' (30' adjacent Olde Cypress PUD) 10' (20' adjacent Olde Cypress PUD) NA NA 20' 25' 10' • Olde • 10' Olde adjaGeRt W GypFeGs - (20' adjaGGRt tG GypFerG - • 15' 445! NA . r. 8 F ft- MULTI-FAMILY ON TRACT 3 NA NA NA 15' 7.5' 10' 12.5' 20' 10' 20' 10' 20' 25' 12' 4X 15' 445! NA 45' 20' NA AEA 25' 10' 4-G! 10' 35' with a maximum of 2 -storms s 1 story 20' /Clubhouse 35' 2400 Sq. Ft. 42' with a maximum of 3 stories 20' /Clubhouse 38' 650 Sq. Ft. for 1 Bedroom 900 Sq. Ft. for 2 Bedrooms 1000 Sq. Ft. for 3 Bedrooms (1) May be reduced on cul -de -sac lots and lots on the inside part of curved streets by 25 %. (2) The front yard setback for side - loaded garages may be reduced to 18', with the home remaining at 23', where the applicant demonstrates that 2 vehicles can be adequately parked on a double -wide driveway without overhanging onto the sidewalk located at the edge of the right -of- way. (3) Lake setbacks are measured from the control elevation established for the lake. B. Off - Street Parking and Loading Requirements: 8 F Parking regulations shall be as required by Division 2:-34.05.00 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.324.02.01 of the Land Development Code, shall be provided on- site for any residential project. 2. A minimum of 11.52 acres, 25% of the viable native vegetation, shall be provided on -site, including both the under -story and the ground cover emphasizing the largest contiguous area possible. D. Landscaping and Buffering Requirements: If landscape buffers are determined to be necessary adjacent to the wetland preserve areas, they shall be separate from those preserve areas. 2. A twenty (20') foot Type "D" Buffer shall be provided within the Residential Areas Tracts adjacent to Immokalee Road, a ten (10) foot Type "A" Buffer along the western PUD boundary, a- tee —(10) feet Type "D" Buffer adjaGeRt te T-Feeline DFive, a teR (10) fGE)t Type "A" Buffer adjaGeRt tG the GiRgIG family herne OR the east sod , and a fifteen (15) foot Type "B" Buffer along the eastern side of Residential Area - Tract 3. 3. Refer to Exhibits C and D for enhanced landscaping buffer required to be provided along the northern PUD boundary. The northern PUD boundary buffer, as referenced in Exhibit C, shall meet or exceed Type "D" planting standards, and shall measure at least 10 feet on the PUD property. The buffer shall extend into the Olde Cypress PUD property up to the existing cart path, or to a maximum of 10 additional feet where possible, in accordance with Exhibit D. This landscaping along the northern PUD boundary shall be installed at time of internal road construction. Remaining landscaping and buffering shall be provided per Division 2.4-. Section 4.06.00 of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected within the Residential Areas. Landscaping and streetscape materials shall also be similar in design throughout the Residential Areas. 2. All pole lighting, internal to the Residential Areas, shall be architecturally designed and limited to a height of thirty (30) feet. F. Signs Signs shall be permitted as described within Division 2- 55.06.00 of the Collier County Land Development Code. 10 SECTION IV 8F PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Environmental Staff's review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. NU a SECTION V 8F DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this Project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The developer, his successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit 'A" PUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2510.02.13 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 12 5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT F s A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is expected to be completed in 1 or 2 phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2x.3:410.02.13 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.610.02.13 of the Collier County Land Development Code. An affidavit of the owner of the property within the PUD shall be submitted with the report stating that the contents of the report are true and correct. 5.5 ENGINEERING A. This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for Development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3:10.02.00, Subdivisions, and Division 3-.3-.10.02.03, Site Development Plans. 5.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) permit, permit modification or waiver shall be provided to Collier County at the time of construction plans review. B. If the project is proposing construction impacts within a Big Cypress Basin maintained easement, the applicant shall provide a copy of the approved SFWMD Right -of -Way Permit to Collier County during the review of the construction plans. C. An Excavation Permit will be required for the proposed lake(s) in accordance with the Collier County Code of Laws Lid DevelepmeRt Cede and SFWMD Rules. All road impact fees must be paid prior to removal of material from the site. 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01 -57, as amended, and other applicable County rules and regulations. 13 5.8 TRAFFIC 8F The development of this PUD shall be subject to and governed by the following minimum stipulations. A. All traffic control devices and design criteria used shall be in accordance with the Minimum Standards, as amended, and as adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. E. Road Impact Fees will be paid in accordance with applicable Collier County Ordinances. F. Any and all points of ingress and /or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress and /or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. G. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in /right out condition. Neither will the existence of a point of ingress, 14 r �.„ F am egress and/or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. The following shall be the minimum requirements: 1. Pedestrian travel ways: a) On local roadways sidewalks shall be a minimum of six feet in width. 2. Bicycle travel ways: a) On local roadways bike lanes are not required. Travel lanes shall be a minimum of twelve feet in width se as to aGGOMmedate b!GYG'06t&. 3. The pedestrian and bicycle travel ways, and their interconnections, shall be separated from vehicular traffic by a minimum distance of six feet, or three feet for unmountable curb. 4 Payment in lieu of 6 -foot sidewalks and 4 -foot bike lanes for Immokalee Road frontage shall be required The amount shall be determined utilizing FDOT's 2004 Transportation Costs as amended. Payment shall be required prior to PPL approval. J. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. 15 ON I Mi - VJ- 3. The pedestrian and bicycle travel ways, and their interconnections, shall be separated from vehicular traffic by a minimum distance of six feet, or three feet for unmountable curb. 4 Payment in lieu of 6 -foot sidewalks and 4 -foot bike lanes for Immokalee Road frontage shall be required The amount shall be determined utilizing FDOT's 2004 Transportation Costs as amended. Payment shall be required prior to PPL approval. J. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. 15 8F K. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and /or right turn lane(s), are determined to be necessary, right -of -way and/or compensating right -of -way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff at the time of site development plan or final subdivision plat. L. All work within Collier County right -of -way shall meet the requirements of applicable Collier County Ordinances. M. All internal access(es), drive aisle(s), sidewalk(s), not located within County right -of -way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan approval. O. Frontage, midpoint and /or reverse frontage (backside) interconnection(s) may be required by Collier County Transportation Staff as a condition of site development plan approval. P. Prior to development of any and all portion(s) of any and all development(s), site development plan approval shall be obtained /received from Collier County Transportation Staff. Q. If a gate is proposed at any and /or all development entrance(s) the gates shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. The following minimum requirements shall be: The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than a minimum of 100 feet to the key pad /phone box for the proposed gate(s). 2. A turn - around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad /phone box and the proposed gate(s). R. The Tract 3, Multifamily Residential Area, shall not access to or from Treeline Drive. S To minimize the overall effects of construction traffic on the Olde Cypress neighborhood construction related traffic including but not limited to earth moving equipment and dump trucks but specifically not including pick -up 16 maintenance easement subject to South Florida Water Management District permitting If the canal maintenance easement access is not permitted, the construction related traffic including but not limited to earth moving equipment and dump trucks but specifically not including pick -up trucks, shall only access the project site through a construction access entered from Treeline Drive through property owned by Empire Developers Group LLC (Folio Number 00186760002) and across the property immediately west of this PUD. 5.9 PLANNING A. 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. Furthermore, the procedures of Section 2.2.25.8.1 of the Land Development Code shall be followed. B. Sidewalks six feet in width shall be provided on both sides of local streets and shall connect on -site residential buildings to a sidewalk within a public roadway, or, if no sidewalk exists, it shall connect to the right -of -way line. Should a two - directional shared -use path be utilized, the minimum paved width shall be 10 feet. C. All sidewalks and bike lanes shall be constructed in accordance with design specifications identified in Section 3.'146.06.02 and Division 2-45.05.08, respectively, of the Land Development Code. D. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right -of -way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. E. For multi - family tracts, sidewalks, six feet in width, must be provided on both sides of local streets within a dedicated public right -of -way or roadway easement. Where there is no public right -of -way or roadway easement, sidewalks must connect on -site residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right -of -way line in accordance with Section 3.2- 8.3.176.06.02 of the Land Development Code. Should a two - directional shared use path be utilized, the minimum paved width must be 10 feet. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and 17 an 8F am approval by the Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with Section �.`'0- 46.05.02 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to the Current Planning Section Staff for review and approval prior to final site development plan /construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation /preservation areas. E. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on -site. F. The flow - way /cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD Master Plan. 5.11 FIRE A. All improvements shall be in accordance with all applicable fire codes and ordinances. 18 8F - 5.12 AFFORDABLE HOUSING Developer shall make a payment of $1,000.00, at the time of the first and each subsequent closing on the sale of each dwelling unit constructed on the PUD property, to the Collier County Affordable Housing Trust Fund. This commitment and the subsequent payments shall be credited against any subsequently adopted affordable work force and/or other gap housing or housing needs impact fee, mitigation exaction fee contribution linkage fees and /or other similar tax or charge which would otherwise be applicable to the PUD property, as may be so contemplated and provided for by such subsequently adopted provisions. 19 0. ooz tz lao r4vi "y Lxq) 6*p t8 joid (Ir!d\lwow✓uQwv Oqd\WOPAn8 44w3 LIRVVUOZ\S---l31°4dd 4Ccl l3rv, 4 ca O'< fii Q m ry LS alm CL L4 93 m E 41 a. alm CL all -0,W L 4 - I=z I Z 9 Y0 Z\ ',-3f0 VCCI L-= 93 m all -0,W L 4 - I=z I Z 9 Y0 Z\ ',-3f0 VCCI L-= "Exhibit C" M it �c. dal{ 11 Ill., �i{ A �C gFEFA &erg is ah�Kaan� 195.5 W ,rasa 1% jigs to s.. b, a.wa it. hill la; 0 4.0; L � �a j � z g; _1m' . _ sr1 3 u� ; I� tI I�. ? t� �I Lu w � 1 i I SI al z , nalg, M j z a Q w a u d (i wz�i 9 A LL �' 'T : ^m �i{ A �C gFEFA &erg is ah�Kaan� 195.5 W w J � lY cc � imp f ga y- 6 a^ I SI al z , nalg, M j z a Q w a u d (i wz�i 9 A LL �' 'T sAft "Exhibit D" 0 7 CL w ea 04 r17 LV m LA.j LLJ LD Z LLJ Ln GG o ou Oft STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy Of: ORDINANCE 2005 -65 8F am Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of November, 2005. DWIGHT E. BROCK Clerk of Courts and . Clerk Ex- officio to Board of County Commissioners", By : Ann enne j a�iri; . . .. e' Deputy Clerk r 13' Nov 10 05 04:22p November 8, 2005 Mr. W. Neil Dorriil Dorrill Management Group 5672 Strand Court, Suite #1 Naples, FL 34110 Re: H.D. Development/Empire Builders c�. .118F Please be advised that upon further reflection and thought the Olde Cypress Homeowners Association has changed its position with respect to the buffer to be installed for the 950 feet adjacent to the eleventh fairway and existing homes along Treeline Drive which is along the North property line of the proposed development. Upon further investigation and in view of new information received by the Board, we now endorse the homeowner's request for a 20 foot Type "C" at this portion of the buffer. The type "C" buffer is superior to the other plans proposed and provides greater protection to our residents. We are also endorsing their request that the installation of the buffers be at the beginning of construction so that the noise, dust, and other negatives associated with site development be minimized as much as possible to the residents. An additional item that has come to our attention is the item in the amendment relating to the construction traffic entrance. The amendment states that there will be an attempt to locate the construction road in the South Florida Water District easement. One of our association members has investigated this with the District office and was told that a permit to use the easement is highly unlikely. Upon further analysis use of this location would also appear to create an extremely difficult and dangerous traffic condition. If an easement is granted, then it might be possible to route vehicles entering the project thru easement and routing the exiting vehicles on to Treeline near the gate house. If the permit to use the District easement is not granted, as we expect, then we would like the construction traffic be routed into your client's [Empire's] property adjacent to the golf driving range immediately after the gate house so as to minimize the impact on Treeline Drive to the greatest extent possible. We would appreciate your bringing this information to the attention of your client, Empire Builders, as soon as possible. Sincerely, Michael Dedio President, Board of Directors Olde Cypress Howeowners Assoc. <<(c5 fo5 WilliamsHeidi BF $ &� From: LeeB31937 @aol.com Sent: Monday, November 14, 2005 8:41 AM To: WilliamsHeidi Subject: H D Development Heidi, I have read the executive summary prepared by you for Tuesday's presentation of the H D Development PUD application before the Commissioners. Your summary appears to laud the developer for their efforts in having "extensive meetings" with the homeowner to provide an enhanced landscape buffer. The flip side and reality of the situation is that the homeowner's have been continually frustrated in this process because of the "on again off again" manner in which the developers have handled the issue. Several times Empire said that they would get back to us and have a meeting and they didn't. In general, and especially prior to the Planning Commission decision, the developer's demeanor would best be described as cavalier and inconsiderate of the homeowner's. After the Planner's decision, the developer did participate in a meeting at which an agreement was made to provide a 20 -foot buffer. Subsequent to that meeting, you will recall that I had e -mail contact with you and then Michael Sawyer of your department about the type of buffer that would give the homeowners the type of screening that they really desired and had been promised as far back as the original PUD application for this site. After learning that the type "C" buffer offers the best screening opacity, we communicated this information to Laura Spurgeon who agreed to discuss this with Empire and who agreed to get back in touch with us prior to submitting their material to you for this meeting. The Olde Cypress Homeowner's Association has revised their position and are now supporting the 20- foot Type "C" buffer for the same reasons stated herein. Well, we did get a call back and we had no opportunity to discuss the submission before it was sent to you. As you know, the submission includes a buffer that is not 20 feet' and not a type "C." The buffer begins at 10 feet and does not reach 20 feet until passing several of our homes. This is not acceptable to the homeowner's, who now believe that a 20 foot type "C" buffer is only option that will give the homeowner's satisfaction that they will not have further miscommunication and contention with the developer. 11/14/2005 0 I #8F Another issue is the construction entrance and traffic. Beginning at the Neighborhood meeting and in the current documents, the developer states that they will go thru the Cocohatchee Canal maintenance easement subject to a permit being granted. I personally spoke to Mr. Ananta Nath, senior engineer with the South Florida Water Management District, who told me that to his knowledge the district had not been approached regarding use of the easement. Further, he stated that it was "extremely doubtful" that a permit would be granted since the amount of land available between the canal itself and the easement boundary is only about 20 to 25 feet. An additional impediment is that Stock Development is constructing a large structure at the entrance, which appears to be at the easement boundary. Lee Berry 11/14/2005 Nov 10 05 04:2;:.Ip November 8, 2005 Mr. W. Neil Dorrill Dorrill Management Group 5672 Strand Court, Suite #1 Naples, FL 34110 Re: H.D. Development/Empire Builders .'7 .7 .i ZI .'7 .'7.7 ZJ Z3 13 G Please be advised that upon further reflection and thought the Olde Cypress Homeowners Association has changed its position with respect to the buffer to be installed for the 950 feet adjacent to the eleventh fairway and existing homes along Treeline Drive which is along the North property line of the proposed development. Upon further investigation and in view of new information received by the Board, we now endorse the homeowner's request for a 20 foot Type "C" at this portion of the buffer. The type "C" buffer is superior to the other plans proposed and provides greater protection to our residents. We are also endorsing their request that the installation of the buffers be at the beginning of construction so that the noise, dust, and other negatives associated with site development be minimized as much as possible to the residents. An additional item that has come to our attention is the item in the amendment relating to the construction traffic entrance. The amendment states that there will be an attempt to locate the construction road in the South Florida Water District easement. One of our association members has investigated this with the District office and was told that a permit to use the easement is highly unlikely. Upon further analysis use of this location would also appear to create an extremely difficult and dangerous traffic condition. If an easement is granted, then it might be possible to route vehicles entering the project thru easement and routing the exiting vehicles on to Treeline near the gate house. If the permit to use the District easement is not granted, as we expect, then we would like the construction traffic be routed into your client's [Empire's] property adjacent to the golf driving range immediately after the gate house so as to minimize the impact on Treeline Drive to the greatest extent possible. We would appreciate your bringing this information to the attention of your client, Empire Builders, as soon as possible. Sincerely, Michael Dedio President, Board of Directors Olde Cypress Howeowners Assoc. 8F WilliamsHeidi From: LeeB31937 @aol.com Sent: Monday, November 14, 2005 8:41 AM To: WilliamsHeidi Subject: H D Development Heidi, I have read the executive summary prepared by you for Tuesday's presentation of the H D Development PUD application before the Commissioners. Your summary appears to laud the developer for their efforts in having "extensive meetings" with the homeowner to provide an enhanced landscape buffer. The flip side and reality of the situation is that the homeowner's have been continually frustrated in this process because of the "on again off again" manner in which the developers have handled the issue. Several times Empire said that they would get back to us and have a meeting and they didn't. In general, and especially prior to the Planning Commission decision, the developer's demeanor would best be described as cavalier and inconsiderate of the homeowner's. After the Planner's decision, the developer did participate in a meeting at which an agreement was made to provide a 20 -foot buffer. Subsequent to that meeting, you will recall that I had e -mail contact with you and then Michael Sawyer of your department about the type of buffer that would give the homeowners the type of screening that they really desired and had been promised as far back as the original PUD application for this site. After learning that the type "C" buffer offers the best screening opacity, we communicated this information to Laura Spurgeon who agreed to discuss this with Empire and who agreed to get back in touch with us prior to submitting their material to you for this meeting. The Olde Cypress Homeowner's Association has revised their position and are now supporting the 20- foot Type "C" buffer for the same reasons stated herein. Well, we did get a call back and we had no opportunity to discuss the submission before it was sent to you. As you know, the submission includes a buffer that is not 20 feet' and not a type "C." The buffer begins at 10 feet and does not reach 20 feet until passing several of our homes. This is not acceptable to the homeowner's, who now believe that a 20 foot type "C" buffer is only option that will give the homeowner's satisfaction that they will not have further miscommunication and contention with the developer. 11/14/2005 8F Another issue is the construction entrance and traffic. Beginning at` the Neighborhood meeting and in the current documents, the developer states that they will go thru the Cocohatchee Canal maintenance easement subject to a permit being granted. I personally spoke to Mr. Ananta Nath, senior engineer with the South Florida Water Management District, who told me that to his knowledge the district had not been approached regarding use of the easement. Further, he stated that it was "extremely doubtful" that a permit would be granted since the amount of land available between the canal itself and the easement boundary is only about 20 to 25 feet. An additional impediment is that Stock Development is constructing a large structure at the entrance, which appears to be at the easement boundary. Lee Berry 11/14/2005 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL9 IM TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the evrentinn of the Chnirmnn'c ci an ntnre drnw n line thrnnah rnnfln lines #1 thrnnah #d Wl tha rherl<I;& nn fnm,,,,A t� Q V;I— iI;— i7[1 Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney's Office (Initial) Applicable) 2. November 15, 2005 Agenda Item Number 9A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original l 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 9A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original l Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropri ate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ~� resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2005 -403 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO NOMINATE APPLICANTS TO PRESENT TO THE FLORIDA'S GOVERNOR 7EB BUSH FOR CONSIDERATION OF APPOINTMENT TO THE SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY WHEREAS, on October 11, 2005, the Board of County Commissioners adopted Resolution No. 2005 -361 supporting the establishment of a Southwest Florida Expressway Authority (hereinafter "Authority") in accordance with Section 348.9932, Florida Statutes, and WHEREAS, in accordance with Subsection 348.9932(2)(a)(1.)(a.), Florida Statutes, the Governor shall appoint from a list of five candidates submitted by the Board of County Commissioners one member who is a permanent resident of Collier County; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following qualified candidates are hereby selected for consideration by the Governor of the State of Florida for appointment to the Southwest Florida Expressway Authority: Name Category R. Bruce Anderson Attorney James R. Gibson, Jr. Retired Finance & Budget Administrator Dexter R. Groose Mechanical Engineer Dennis P. Vasey Retired U.S. Army, Transportation Division Stanley W. Plappert Insurance Services The term of the representative elected by the Governor is a four -year term. Commencement of said term to coincide with Lee County's appointments to the Authority. This Resolution adopted after motion, second and majority vote. DATED: November 15, 2005 ATTEST: DWIGHT E. BROCK, Clerk N s fist u�A► Apprpved as to form and legal sufficiency: L,-IL David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B ';k a w Y• FRED W. COYLE, Chairm ORIGINAL DOCUMENTS CHECKLIST & ROUTING P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #51. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney's Office (Initial) Applicable) 2. November 15, 2005 Agenda Item Number 913 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 6 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 913 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 6 Type of Document Resolution Number of Original 1 Attached I Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not approoriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 6 resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 f f RESOLUTION NO. 2005 -404 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONMERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT RICHARD E. LYDON TO THE VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 2001 -43 created the Vanderbilt Beach Beautification Advisory Committee and provides that the County Commission shall appoint five (5) members to the Committee; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Richard E. Lydon is hereby reappointed to the Vanderbilt Beach Beautification Advisory Committee for a 4 -year term, said term to expire on November 13, 2009. This Resolution adopted after motion, second and majority vote. DATED: November 15, 2005 ATTEST: DWIGHT E. BROCK, Clerk " O� . L Aitt*pw i ap's f11., Y Approved as to form and legal sufficiency: - & t'g-.6 zj�—' David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B ` t� W. v• FRED W. COYLE, Chairm ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL LP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ah THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT RE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .„ ,. _t ..,..w:.,.. 1 ;— 411 fl--h $ a d nlete the. checklist. and forward to Sue Filson (line #5). exception of the Chairman "s signature, oraw a nnc uwwu Route to Addressee(s) (List in routing order) 1. I ,, , — 1..... --••• • - -- - -- - Office Initials Date 2. County Attorney's Office (Initial) Applicable) 3. November 15, 2005 Agenda Item Number 9C 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original I 6. Minutes and Records Clerk of Court's Office Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC: approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 9C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. �— Some documents are time sensitive and require forwarding to Tallahassee within a cert ain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2005 -405 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT MEMBERS TO THE IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE. WHEREAS, on September 28, 2004, the Board of County Commissioners adopted Ordinance No. 04 -62 establishing the Immokalee Master Plan and Visioning Committee; and WHEREAS, the Immokalee Master Plan and Visioning Committee is to be composed of ten (10) members from a broad base of citizens and business owners in the regulatory area of the Immokalee Area Master Plan; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Immokalee Master Plan and Visioning Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Richard L. Rice, representing the category of Citizen in the Regulatory Area, is hereby appointed to the Immokalee Master Plan and Visioning Committee to fulfill the remainder of the vacant term, said term to expire on December 31, 2007. 2. Brian Blocker, representing the category of Citizen in the Regulatory Area, is hereby appointed to the Immokalee Master Plan and Visioning Committee to fulfill the remainder of the vacant term, said term to expire on December 31, 2007. This Resolution adopted after motion, second and majority vote. DATED: November 15, 2005 ATTEST: DWIGHT E. BROCK, Clerk .S Y sfgAetu na) y Ile Apl# p Ved.as -tq,'fbrm and legal Srff�aerrcy: t David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C By C FRED W. COYLE, Chairma CONSERVANCY Of Southwest Florida NEEDLESS TO SAY, WE AGREE YOU VOTED FOR IT: More than 60% of Collier County residents voted for Conservation Collier in 2002 with the Fleischmann property touted as a prime candidate for public acquisition. In 2004, more than 70% voted for county acquisition of the Fleischmann property as a meas- ure to save the.Naples Zoo at Caribbean Gardens and the surrounding property. HISTORY: The Trust for Public Land (a non - profit land conservation organization) has a contract to purchase the 166 acres at a cost of $67.5 million with the intent to convey most of it to Collier County at a price close to the $40 million author- ized by voters in 2004. The Trust for Public Land (TPL) has decided to sell two out - parcels to a pri- vate developer and one 7 -acre parcel to the Conservancy of Southwest Florida. The Conservancy is willing to pay a fair - market value of $4 million to the Trust for Public Land so TPL can offer the County 130 acres, which includes the Naples Zoo at Caribbean Gardens, for a purchase price of $41.5 million. THE ISSUE: The County now wants the 7 -acre par- cel to build workforce housing. The Conservancy plans to preserve a majority of the land while incorporating an ingress / egress to its Nature Center. The Conservancy purchase of this parcel is consistent with the Trust for Public Land's plan to save Naples Zoo at Caribbean Gardens for public use and enjoyment. It is also consistent with what voters clearly voted for. _1*01 CONSERVANCY Of Southwest Florida AM!'I GREENSPACE: We will never again have this opportunity to unite the Naples Zoo at Caribbean Gardens, the Conservancy Nature Center and the surrounding undeveloped land into a Collier County - Naples Central Park for public enjoyment and recreation that protects — and adds to — the area's quality of life. Commissioners will be voting on the purchase of this land Tuesday, November 15, 2005. Show your support by coming to the meeting to let County Commissioners know that this land needs to be saved for everyone to use and enjoy. Ask County Commissioners to follow the voters' wishes. As the Naples Daily News editorial said, voters have made the zoo neighborhood everyone's backyard, and they want it kept green." CALL OR EMAIL NOW Fred W. Coyle, Chairman (District 4) FredCoyle @col I iergov. net Donna Fiala (District 1) Email: DonnaFiala@colliergov.net Frank` Halas (District 2) Email: FrankHalas@colIiergov.net Tom Henning (District 3) Email: TomHenningC>colliergov.net Jim Coletta (District 5) Email: JimColetta@colliergov.net Or contact any of the Commissioners at (239)774 -$999 Please contact us if you need more information: andrewdickman @conservancy,org or 403 -4232 Preserving Southwest Florida's natural environment ... now and forever. 1450 Merrihue Drive Naples, Florida 34102 www.conservancy.org CONSERVANCY Of Southwest Florida 1450 MERRIHUE DRIVE NAPLES, FL 34102 Editorial NON - PROFIT ORGANIZATION BULK RATE U.S. POSTAGE PAID NAPLES, FL PERMIT NO. 52 Reprinted with permission of the Naples Daily News. published November 7 in the Naples Daily News and Bonita Daily News. By The Naples Daily News Collier County voters are not going to get what they voted for when approving the purchase of Caribbean Gardens, now the Naples Zoo. They're not going to get all of the 160 -plus acres, and they're going to pay more than the projected and agreed upon $40 million for much less land. Plus, developers are going to wind up with some of the land, and we might not even save the original 13 -acre Caribbean Gardens within the zoo, which are the very genesis of the zoo. Now Collier County government comes forward with an idea to take this whole matter from bad to worse. The county entertains the idea of buying seven acres next to the zoo and part of the land package for workforce or affordable housing. This is awkward for two reasons: — The county would ace out the Conservancy of Southwest Florida, which is next door, helped engineer the zoo referendum in the first place and has been � 01 d 4 approached by the deal broker to buy the same seven acres for $4 million. — Though workforce housing is a hot - button matter these days, the idea goes against the grain of what the voters thought they were voting on. They were voting on preservation and green space. They are already getting more development than they had in mind, and now the county wants to add more. The Conservancy wants to use the land for an entrance road off Goodlette, is willing to commit to that long - range. If citizens had the opportunity to vote on the zoo pack- age today, knowing what we know now, we wonder whether approval would be forthcoming. The county's pursuit of housing would add salt to the wound. Some might say the Conservancy is saying "not in my backyard" to affordable housing. Actually the voters have made the zoo neighborhood everyone's back yard, and they want it kept green. That would mean selling to the Conservancy. ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS IP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E -1, THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN Print on pink paper. Attach to original document. Original documents ments should be hand delivered to the Board Office. documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ce. The completed routing slip and original ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through muting lines #1 throw #4. Complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials (List n st in routing order) Date 2 3 4 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above: including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact �tr,p6 / i�� sht:cS.rvwd ' 7C4 -C��%Q Agenda Date Item was Agenda Item Number 7 CJ Approved b the BCC / I IJ 0 `v Type of Document Number of Original Attached m 2 Documents Attached TNCTR T iC`TTnNl4Z R, t-LTV rT/ T rc•n I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) A licable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board A9 q 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated date e contract whichever is applicable. � V 4. `;Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. QQ v 5. In most cases (some contracts are an exception), the original document gnd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documentgare time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 0.3" (enter date) and all changes made during the meeting have been incorporated in the attached document, The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 10E MEMORANDUM DATE: November 17, 2005 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services FROM: Ann Jennejohn, Deputy Clerk Minutes and Records RE: An Agreement for Sale and Purchase with the Trust for Public Land for the purchase of land housing and adjoining Caribbean Gardens and the Naples Zoo Attached is one original of the document, as referenced above (Agenda Item #10E) approved by the Board of County Commissioners on Tuesday, November 15, 2005. The second original is being retained in the Minutes & Records Department for public record. After forwarding to the appropriate parties for signatures please return a fully executed copy to the Minutes and Records Department. If you should have any questions, you may contact me at 774 -8406. Thank you, Attachment (1) DoE w. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between The Trust for Public Land, a nonprofit California corporation (hereinafter referred to as "Seller "), having an address of 1595 Bay Street SE, Suite 3, St. Petersburg, Florida 33701, and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser ") having an address of 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH WHEREAS, Purchaser acknowledges and agrees that Seller has a binding Agreement for Purchase and Sale on that certain real property in Collier County, Florida, which property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as "Property ") and that any and all improvements, fixtures, timber, artifacts, water and minerals located thereon, any and all appurtenant rights, including but not limited to, riparian rights, timber rights, access rights, and mineral rights; and WHEREAS, the parties agree and acknowledge that the obligations of both parties under this Agreement are contingent upon Seller acquiring marketable fee simple title to the Property from the current owners; and WHEREAS, Purchaser is desirous of purchasing a portion of the Property, more particularly described in Exhibit "B" attached hereto and made a part hereof, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. The property described in Exhibit "B" is hereinafter referred to as the "Conservation and Zoo Parcels." NOW, THEREFORE, 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 Conservation and Zoo Parcels. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price ( "Purchase Price ") for the Conservation and Zoo Parcels shall be FORTYONE MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($41,500,000.00) (U.S. Currency) payable at the time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of this transaction shall be held on December 19, 2005, unless extended by mutual written agreement by the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida 34112. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey 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, 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 I o the Conservation and Zoo Parcels, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments; and (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser - Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 A Novation Assignment of Lease between Seller and Purchaser for the operation of the zoo property, said Novation Assignment of Lease shall be substantially in the form attached hereto as Exhibit "C." 3.012 At the Closing, the Purchaser shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant), a certified, cashiers', or bank check, or wire transfer of immediately available funds, 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 Conservation and Zoo Parcels has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 hereto, and the Title Company is irrevocably committed 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 credits, adjustments and prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. 3.03 Seller shall pay at Closing the cost of recording any instruments necessary to clear Seller's title to the Conservation and Zoo Parcels. 3.04 Purchaser shall pay for the cost of recording the Warranty Deed and the cost of the Owner's Form B Title Policy, issued pursuant to the Commitment, provided for in Section 4.011 below, unless Purchaser elects to obtain its own Commitment and Title Policy. The cost of the title commitment shall also be paid by Purchaser. The Purchaser shall also reimburse Seller for its prorated portion of the cost of the Phase I Environmental Audit, that applies to the Conservation and Zoo Parcels, to be provided to Purchaser by Seller as provided for in Section 4.015 below. The cost shall be prorated on a per acre basis. 3.05 Rents pertaining to the zoo property will be prorated between Seller and Purchaser at closing based upon the applicable period. 3.06 Purchaser is under no obligation to use Seller's title company for issuance of a title policy and may procure its own title agent for issuance of a commitment and policy. In that event, the time periods set forth in Section 4.011 below will still apply. IV. REQUIREMENTS AND CONDITIONS 10E 4.01 Prior to or upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and Seller shall perform the following within the times stated, which shall be conditions precedent to the Closing: 4.011 Seller has provided Purchaser with a copy of its ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Conservation and Zoo Parcels, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) 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 or uninsurable, Purchaser shall deliver to the 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, at its expense, shall provide Purchaser, upon execution of this Agreement, with a current certified boundary survey performed by a registered Florida land surveyor in form acceptable to Purchaser. The plat of the survey shall show the boundaries of, and state the acreage of the Conservation and Zoo Parcels, rounded to the nearest one - hundredth (1/100) of an acre. The legal description in Exhibit "B" shall be changed, if necessary, to conform to the survey and to the requirements of the title commitment. If an accurate boundary survey by Seller's surveyor discloses any state of facts, which materially or adversely affect the insurability or marketability of the title to the Conservation and Zoo Parcels, same shall be treated in the manner as a title objection under Sections 4.011 and 4.012 above. No adjustments to the Purchase Price shall be made based upon any change in the total acreage. 4.014 Purchaser has previously received an appraisal of the Property prepared by Urban Realty Solutions and, on or before October 31, 2005, Seller has provided Purchaser with an addendum to the appraisal providing an updated value for the Conservation and Zoo Parcels. 4.015 Seller shall provide Purchaser with an updated report of an environmental investigation of the Conservation and Zoo Parcels carried out and prepared by a licensed engineer or geologist selected by Seller employing procedures that a prudent purchaser would employ under the circumstances ( "Phase 1 Audit "). At closing, Purchaser shall reimburse Seller for its prorated portion of the cost, as defined in Section 3.04 above, of said Phase 1 Audit. The parties acknowledge that the Phase 1 Audit final report states that there are no recognized environmental conditions present on or beneath the surface of the Conservation and Zoo Parcels. 4.016 Unless the Conservation and Zoo Parcels is served by municipal sewer and water, Seller, at its expense, shall locate and place aboveground markers indicating the locations of all septic tanks and cesspools located on the 3 Conservation and Zoo Parcels, unless such tanks are locate nmOF emportion of the Conservation and Zoo Parcels that are under lease to Naples Zoo, Inc. 4.017 Seller shall have the right to erect and maintain a sign or other appropriate marker in a prominent location within the median island area of Seventeenth Street North, also known as Fleischmann Boulevard, indicating that the Conservation and Zoo Parcels were acquired with the assistance of the Seller. Said median island area (approx. 0.02 acres + / -) is described in Exhibit B as a part of the Conservation and Zoo Parcels. Seller is responsible for obtaining all required governmental permits in connection with placing the sign on the Conservation and Zoo Parcels. Seller shall be responsible for the costs of erecting and maintaining such sign or marker. If the sign is not properly maintained in good condition, Purchaser will notify Seller. If the condition is not corrected within sixty (60) days after notice, Purchaser may remove the sign. V. INSPECTION PERIOD 5.01 Purchaser shall have until November 17, 2005 ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Conservation and Zoo Parcels can be developed without any abnormal demucking, soil stabilization or foundations; and 2. There are no abnormal drainage or environmental requirements to the development of the Conservation and Zoo Parcels; and 3. The Conservation and Zoo Parcels are in compliance with all applicable State and Federal environmental laws and the Conservation and Zoo Parcels are free from any pollution or contamination; and 4. That the Conservation and Zoo Parcels can be used as intended by Purchaser. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation or the Phase I Environmental Audit provided by Seller, Purchaser shall deliver to Seller prior to expiration of the Inspection Period, written notice of its intention to terminate this Agreement or to waive this contingency. 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 contingency 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 Conservation and Zoo Parcels. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Conservation and Zoo Parcels for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Provided, however, any inspections of the parcels that are under lease to Naples Zoo, Inc. ( "Lessee ") require prior notice to the Lessee before any access is permitted to the zoo premises. Purchaser agrees to coordinate any inspections on zoo premises with the Lessee in order to minimize any disruption to zoo occupants and operations. Purchaser shall, in performing such tests, use due care. Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Conservation and Zoo Parcels at any time prior to Closing provided Seller is notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Conservation and Zoo Parcels. VI. DELETED VII. POSSESSION IOE 7.01 Purchaser shall be entitled to full possession of the Conservation and Zoo Parcels at Closing, subject only to the occupancy rights of the Lessee. In addition, Purchaser acknowledges that it has been informed that a number of homeless people may be living on the Conservation and Zoo Parcels and that it is Purchaser's responsibility to secure the Conservation and Zoo Parcels by their removal. VIII. PRORATIONS 8.01 Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the Collier County Tax Collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Conservation and Zoo Parcels. 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, whereupon Purchaser, as its sole remedy, shall receive $10,000 as liquidated damages from Seller. 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 Seller, as its sole remedy, shall receive $10,000 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 Section 12.01, (Real Estate Brokers), hereof. 9.03 The parties acknowledge and agree that Seller's and Purchaser's actual damages in the event of either's default are uncertain in amount and difficult to ascertain, and that the aforesaid 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. The parties further 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 Conservation and Zoo Parcels, 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. 5 10E 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 Conservation and Zoo Parcels 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 to the best of its knowledge, without further inquiry, 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 the Conservation and Zoo Parcels that could, if continued, adversely affect Seller's ability to sell the Conservation and Zoo Parcels to Purchaser according to the terms of this Agreement. 10.015 Seller represents that to the best of its knowledge, without further inquiry, no party or person other than Purchaser has any right or option to acquire the Conservation and Zoo Parcels or any portion thereof. No party other than Seller will be in possession of or have the right of possession of any portion of the Conservation and Zoo Parcels at the time of conveyance to Purchaser, other than Naples Zoo, Inc, as Lessee of the zoo premises. 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 Conservation and Zoo Parcels or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Conservation and Zoo Parcels 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 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 Conservation and Zoo Parcels 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 Conservation and Zoo Parcels and not to do any act or omit to perform any act which would change the zoning or physical condition of the Conservation and Zoo Parcels 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 Conservation and Zoo Parcels. 10.018 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.019 Any loss and /or damage to the Conservation and Zoo Parcels 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 written confirmation of transmission, or by registered, or certified mail, return receipt requested, postage prepaid, or by overnight delivery by a nationally known delivery company addressed as follows: M. 10E If to Purchaser: Cindy Erb, Senior Acquisition Agent Real Estate Services Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774 -8917 Telephone (239) 774 -8876 Facsimile With a copy to: Ellen Chadwell County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774 -8400 Telephone (239) 774 -0225 Facsimile If to Seller: John Garrison The Trust For Public Land 1595 Bay Street SE, Suite3 St. Petersburg, FL 33701 (727) 895 -5090 Telephone (727) 895 -5190 Facsimile With a copy to: Donna H. Smith, Regional Counsel The Trust For Public Land 4267 NW Federal Highway PMB 120 Jensen Beach, FL 34957 (772) 335 -3520 Telephone (772) 335 -1438 Facsimile 11.02 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 only, unless and until such written notice is received, the last addressee and respective address and numbers 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 that 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 the last signing party 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. OE ' 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 If the Seller holds the Conservation and Zoo Parcels 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 Conservation and Zoo Parcels before Conservation and Zoo Parcels 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.) 13.09 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. 10E Dated Project/Acquisition Approved by BCC: y/- IS - 0,1' 1'km xr /O AS TO PURCHASER: DATED:( ( in I 0S ATTEST.., Clerk . a.J arr pttt es..t y eputy Clerk &44' ram g AS TO SELLER: DATED:_] 1- I 'S -0r' WITNESSES: 72L��U�- (Signature) vat-v- (V\ S , -mac (Printed `Na e) (Signature) (Printed Name) AS TO ITS INTEREST AS LESSEE OF THE ZOO PARCEL: Naples Zoo, Inc. A By: ZI Davi T la , axe tive Director Approved as to form and leg sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W Fred W. Coyle, Chairm THE TRUST FOR PUBLIC LAND ,f Print Name: No ✓Zc, 10E II EXHIBIT A PROPERTY DESCRIPTION Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida. All that part of Lot 9 of Naples Improvement Company's Little Farms Subdivision, lying south of Golden Gate Parkway, recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. The East 564 feet of the West 1,184 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision, less road right -of -way granted in Official Records Book 876, Page 1,718, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. The East 470 feet of the West 1,654 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. All of Lot 8 of Naples Improvement Company's Little Farms Subdivision, except the West 1,654 feet, according to the plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; the East and West boundary lines of said Parcel being measured from the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet East of the North and South 1/a Section line of Section 27, Township 49 South, Range 25 East, Collier County, Florida. The East 338.24 feet of the West 958.34 feet of Lot 7 of Naples Improvement Company's Little Farms Subdivision, per Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded to the Board of County Commissioners of Collier County, Florida described as : Commence at the Northwest corner of said Lot 7; thence N 89 degrees 17' 39" East along the North line of said Lot 7 for a distance of 620.00 feet to the POINT OF BEGINNING; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26 degrees 13' 03 "; thence continue Southwesterly along said curve an arc distance of 51.30 to a point; thence N 00 degrees 39'49" West 30 feet to the POINT OF BEGINNING. The North 1/2 of Lot 7, less the West 1288.34 feet, Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. Lot 6 of Naples Improvement Company's Little Farms Subdivision, less additional road right -of -way for Goodlette -Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; and subject to an easement reserved by Seller, its heirs and assigns, for ingress and egress over the North 60 feet of the West 950 feet thereof. Lots 3, 4 and 5 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power & Light Company relating to said Lot 6: (a) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 397 of said Public Records; less and except the following described property: 10 6 I O Part of Lot 3, Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/a corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; thence along the South Line of said Section North 89 degrees 26' 09" East 753.94 to a point; thence South 0 degrees 21' 55" East 334.85 feet to a concrete monument on the South line of said Lot #3 and the Point of Beginning of the described line; thence along said described line and the Westerly boundary of the herein described parcel North 0 degrees 21' 55" West 211.15 feet to a concrete monument at the Northwest corner of said described Parcel; thence along said described line and the Northerly boundary of said described parcel North 89 degrees 38' 05" East 729.90 feet to a concrete monument; thence continue North 89 degrees 38' 05" East 13 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms Subdivision and the Point of Ending of said described Line. Lot 2, Naples Improvement Company's Little Farms Subdivision, except area described in Deed Book 22, Page 393, Public Records of Collier County, Florida, and less West 25 feet and right -of -way located in Collier County, Florida, and except parcel deeded to Collier County Conservancy, Inc., as Parcel 2 in Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. A lot or parcel of land lying in Lot 2 of Naples Improvement Company's Little Farms Subdivision, per plat in Plat Book 2, Page 2, Public Records of Collier County, Florida, which lot is described as follows: Beginning at a point on the South line of said Lot 2, which point is the Northwest corner of Lot 50 of Gordon River Homes per Plat in Plat Book 2, Page 84, Public Records of Collier County, Florida, run Northerly parallel to the West line of said Lot 2 for 217.5 feet; thence run Easterly parallel to the South line of said Lot for 180 feet; thence run Southerly parallel to West line of said Lot for 217.5 feet to South line of said Lot; thence run Westerly along said South line for 180 feet to Point of Beginning. Being the same premises conveyed by deed recorded in Deed Book 22, Page 393, Public Records of Collier County, Florida; less the West 40 feet thereof, and less road right -of -way for Goodlette -Frank Road. The Westerly 1/2 of Lot 39 and Lot 40, Gordon River Homes Subdivision, Lots 41, 42, and 43 and the East 45 feet of Lot 44, GORDON RIVER HOMES, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 84, in the Public Records of Collier County, Florida. All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. In North 1/2 of North 1/2 of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the section and run East 1398.25 feet; thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the place of beginning, Collier County, Florida. 11 i OE EXHIBIT "B" CONSERVATION AND ZOO PARCELS DESCRIPTION Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida. Lot 6 of Naples Improvement Company's Little Farms Subdivision, less additional road right -of -way for Goodlette -Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; and subject to an easement reserved by Seller, its heirs and assigns, for ingress and egress over the North 60 feet of the West 950 feet thereof. Lots 3, 4 and 5 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power & Light Company relating to said Lot 6: (a) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 397 of said Public Records; less and except the following described property:. Part of Lot 3, Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; thence along the South Line of said Section North 89 degrees 26' 09" East 753.94 to a point; thence South 0 degrees 21' 55" East 334.85 feet to a concrete monument on the South line of said Lot #3 and the Point of Beginning of the described line; thence along said described line and the Westerly boundary of the herein described parcel North 0 degrees 21' 55" West 211.15 feet to a concrete monument at the Northwest corner of said described Parcel; thence along said described line and the Northerly boundary of said described parcel North 89 degrees 38' 05" East 729.90 feet to a concrete monument; thence continue North 89 degrees 38' 05" East 13 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms Subdivision and the Point of Ending of said described Line. All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 12 EXHIBIT "C" NOVATION ASSIGNMENT OF LEASE AGREEMENT 10E This Assignment is entered into this day of , 2005 by and between The Trust for Public Land, a California not - for - profit corporation, having a principal place of business at 1595 Bay Street SE, Suite # 3, St. Petersburg, Florida 33701 ( "Assignor" and "Lessor ") and Collier County, a political subdivision of the State of Florida, having an address of 3301 Tamiami Trail East, Naples, Florida 34112 ( "Assignee" and the "County "). PRELIMINARY STATEMENT Reference is made to the following facts that constitute the background to this Assignment: WHEREAS, Assignor entered into that certain Lease Agreement signed on even date herewith (the "Lease "), with Naples Zoo, Inc., a Florida not - for - profit corporation ( "Lessee ") with respect to certain property consisting of 43.52 acres, more or less, and located in Collier County, Florida, as more fully described in the Lease (the "Demised Premises "); WHEREAS, pursuant to Article 13 of the Lease, Assignor may assign the Lease to the County; and WHEREAS, Assignor wishes to assign the Lease to Assignee and Assignee wishes to assume the Lease on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the Lease and this Assignment, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignor hereby assigns to Assignee all of its rights under the Lease, a complete copy of which, now in full force and effect, is attached hereto as Exhibit A. 2. This Assignment is made such that Assignee is subject to all of the terms and conditions of said Lease, none of which are waived by Lessee. 3. It is understood that this Assignment is an assignment of all of the rights that Assignor may now or at any time hereafter have in the Lease or against Lessee arising out of or under the Lease. 4. Assignee assumes all of the obligations of Assignor under the Lease, which obligations Assignee covenants and agrees with Lessee to perform and observe as if the Lease had been between Assignee, as lessor, and Lessee. This Assignment is a complete novation; therefore from and after the date of this Assignment Assignor is 13 released from all its duties, responsibilities, obligations and /or liability in conitoi th` this Lease. 5. Upon execution and delivery of this Assignment by Assignor and Assignee, a copy of the executed Assignment will be provided to Lessee and request that all notices referred to in the Lease to be sent to Lessor will be sent to County at the following addresses: If to Assignor: Michael Dowling, Senior Property Management Specialist Real Estate Services Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774 -8743 Telephone (239) 774 -8876 Facsimile With a copy to: Thomas Palmer Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774 -8400 Telephone (239) 774 -0225 Facsimile If to Lessee: Naples Zoo, Inc. 1590 Goodlette -Frank Road Naples, Florida 34102 Attn: David Tetzlaff, Director Telephone: (239) 262 -5409 x. 107 Fax No.: (239) 262 -6866 With a copy to: Law Offices of Scott M. Ketchum, P.A. Goodlette Professional Center 692 Goodlette Road North Naples, Florida 34102 Telephone: (239) 403 -0148 Fax No.: (239) 403 -0965 6. Assignor represents, to the best of its knowledge that no defaults exist under the Lease. 7. Provided this Assignment is executed and delivered within 30 days after Assignor takes title to the Demised Premises, any rent payment received by Assignor will be paid over to Assignee; otherwise the rent payments will be prorated only for the month of the Assignment to Assignee, Assignor retaining any rents paid in months prior to the month of the Assignment. Executed as a sealed instrument as of the date first above written. 14 Dated Project/Acquisition Approved by: BCC: AS TO ASSIGNEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney AS TO ASSIGNOR: DATED: WITNESSES: (Signature of first witness) (Printed Name of first witness) (Signature of second witness) (Printed Name of second witness) AS TO LESSEE: Lessee joins in this Assignment and does hereby acknowledge the transfer of obligations and rights from The Trust for Public Land to Collier County, Florida Naples Zoo, Inc. By: David Tetzlaff, Executive Director 15 10E BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 0 A) FRED W. COYLE, CHAT MAN THE TRUST FOR PUBLIC LAND EXHIBIT A LEASE AGREEMENT 1 O �T THIS LEASE AGREEMENT (this "Lease Agreement ") is entered into this day of , 2005, between NAPLES ZOO, INC., a Florida non - profit corporation, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, whose mailing address is 1590 Goodlette -Frank Road, Naples, Florida 34102, hereinafter referred to as "Naples Zoo, Inc." or "LESSEE ", and THE TRUST FOR PUBLIC LAND, a California non - profit corporation, whose mailing address is 1595 Bay Street SE, Suite #3, St. Petersburg, Florida 33701, hereinafter referred to as "TPL" or "LESSOR ". WITNESSETH WHEREAS, Naples Zoo, Inc., is a lessee of certain assets of Jungle Larry's Safariland, Inc., an Ohio corporation, and operator of the fixtures, furniture, buildings and animals that make up the Caribbean Gardens, The Zoo in Naples; and WHEREAS, during its history in Naples, Florida, the Zoo has strived to provide a quality experience for residents and visitors to the community. It has done this without drawing on public monies for any reason including seeking accreditation by the American Zoo and Aquarium Association, which it achieved in 2001. This status places Caribbean Gardens in the top 10% of facilities exhibiting wildlife in the Nation; and WHEREAS, TPL has acquired the property at the intersection of Goodlette -Frank Road and Golden Gate Parkway consisting of 166 acres, more or less (the "Total Property "), from CHARLES FLEISCHMANN, 111, as to an undivided 49.61% interest in said land, DORETTE L. FLEISCHMANN VIETS, as to an undivided 25.195% interest in said land and DORETTE L. FLEISCHMANN VIETS, MELANIE FLEISCHMANN GARNETT and CHARLES FLEISCHMANN, V, as Co- Trustees under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, deceased, dated September 10, 1992, as to an undivided 25.195% interest in said land (the Total Property is more particularly described on Exhibit "A" attached hereto and made a part hereof); and WHEREAS, TPL intends to convey portions of the Total Property to Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and WHEREAS, the voters of Collier County, in a November 2004 referendum, voted overwhelmingly to increase the ad valorem tax in order to raise $40 million in funding to acquire portions of the Total Property and to preserve the Caribbean Gardens, The Zoo in Naples, for future generations; and WHEREAS, TPL is entering into this Lease with Naples Zoo, Inc. in order to further the voters' objective and purpose to preserve the gardens and the zoo; and WHEREAS, the County has agreed to accept an assignment of this Lease Agreement from TPL at the time the County is to acquire portions of the Total Property from TPL; and WHEREAS, Collier County has determined that it is in the best interest of the citizens of Collier County for this Lease Agreement to be assumed by the County and for the Naples Zoo, Inc. to continue to grow and develop for the enjoyment by, the education of, and the enhancement of the quality of life and the entertainment of the general public of Collier County and the State of Florida. THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises and Permitted Uses a. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a 43.52 acre +/- portion of the Total Property (including the roadway islands with signage) (the "Zoo and 16 Gardens Parcel "), as more particularly described in Exhibit "A -1" which is attachl CLEand made a part of this Lease, hereinafter also called the "Demised Premises ". An aerial showing the boundaries of the Zoo is attached as Exhibit "A -3." b. The Demised Premises shall be used and occupied as an active operation of the Caribbean Gardens and the Zoo in Naples (the "Zoo and Gardens ") open to the general public including botanical collection, animal and nature exhibits, as presently constituted and operated on the Demised Premises, in a manner substantially equal in quality or better than that established by Jungle Larry's Safariland, Inc. ( "Jungle Larry's "). LESSEE shall promote the continuing development of the Zoo and Gardens as a facility displaying wild animal species in appropriate settings for educational, recreational and wildlife conservation dedicated to the enhancement of the quality of life with the Collier County area. LESSEE shall utilize the Demised Premises for all reasonable purposes attendant to the primary purpose set forth above, including, without limitation, certain banquet, restaurant, concessions and food and beverage activities, as well as retail activities related to the purposes set forth herein. LESSEE, at its expense, shall maintain the facility in a quality at least comparable to that of the operation of Jungle Larry's on the date of this Agreement and may include expansion of the operation by providing new or other wild animals, nature exhibits, rides, food vendors, walking trails, educational demonstrations and entertainment. If additional educational, cultural and conservation programs are established by LESSEE, they shall be conducted on the Demised Premises in a manner intended to benefit the general public and the property and to maintain the Zoo and Gardens in a first - -class and accredited condition. It is understood and agreed that the buildings, private utilities (such as wells and septic systems and the pipes and lines associated therewith), signage and all other structures and improvements on the Zoo and Gardens Parcel are the responsibility of LESSEE and, whether classified as fixtures or as non - fixture improvements to the Demised Premises, shall become the property of LESSOR at the expiration or earlier termination of this Lease, as more particularly described in Article 9(d) below. c. All operations on the Demised Premises will be conducted in an orderly and proper manner considering the nature of Zoo operations so as not to unreasonably annoy, disturb, endanger or be offensive to adjoining and/or near -by property owners. LESSEE will not do or permit to be done anything that may result in the creation, commission or maintenance of a nuisance, unsanitary condition, waste and/or injury on or to the Demised Premises. LESSEE will not do or permit to be done anything that materially adversely affects the effectiveness or accessibility of the drainage system, sewerage system, and/or fire hydrants, if any, or any other utility facilities. LESSEE will collect all garbage, debris and waste material, whether solid or liquid, arising out of the improvement, maintenance, occupancy or use of the Demised Premises, shall store same pending disposal in covered or other rigidly and sturdily constructed receptacles and dispose of same off the Demised Premises at regular intervals. Notwithstanding the foregoing, animal wastes may be composted on the Demised Premises for uses in the Gardens. LESSEE will provide and use such escape -proof enclosures in conformance with Zoo Industry Standards (as hereinafter defined), appropriate for the protection of patrons and visitors to the Zoo or Gardens. LESSEE shall use best efforts at all times to keep all wild animals within the confines of the Demised Premises. Excluding flood, fire, hurricanes and other forces of nature, beyond LESSEE's control, LESSEE shall exercise care to prevent damage to the botanical collections and rare natural foliage and plantings on the Demised Premises; shall exercise care to prevent the water produced or used upon or flowing onto the Demised Premises from reaching levels of salinity which would in any way damage or impair any planting or foliage included in the botanical collection, as now or hereafter constituted; shall keep the Demised Premises adequately fenced, including against predator(s), trespasser(s) and vandal(s) and all other unauthorized entries. d. Under appropriate arrangements with the City of Naples, Florida, a Florida Municipal Corporation, LESSEE shall continue, through the Lease Term, as it may be extended, to maintain, in the same manner as heretofore maintained, the current entrance sign (or its replacement), grass and other planting within the median island area of Seventeenth Street North, also known as Fleischmann Boulevard. Said median island area (approx. 0.02 acres + / -) is described in Exhibit A -1 as a part of the Demised Premises. LESSEE shall have reasonable access to all electrical meters, electrical lines and water lines located on the adjacent property currently known as the Naples Preserve that supply the sign and its landscaping. LESSEE agrees LESSOR may erect and maintain a sign or other appropriate marker in a prominent location on the Demised Premises, at a location agreeable to LESSEE and LESSOR, visible from a public road, bearing information indicating the Demised Premises is protected by LESSOR (and its 17 10 -,* successor). LESSOR shall determine the wording of the sign or marker. LESSOR shall be responsible for the costs of erecting and maintaining such sign or marker. If the sign is not properly maintained in good condition, LESSEE will notify LESSOR. If the condition is not corrected within sixty (60) days after notice, LESSEE may remove the sign. e. LESSEE understands and agrees that the portion of the Demised Premises described on the attached Exhibit "A -2" shall be used by LESSEE for parking of its guests and invitees, and, with twelve (12) of the spaces being made available for parking by the general public in order to access the Gordon River over and through other adjacent lands of LESSOR. LESSEE shall maintain the property described on Exhibit "A -2" in the same manner and to the same extent as described herein for the Demised Premises. In the future, if LESSOR requires improvements to this parking area, which improvements shall be limited to paving or other permeable surface (such as crushed shells or marl), LESSOR and LESSEE shall investigate the relative costs of the improvements and future costs of maintenance. LESSEE agrees to maintain the improved parking surface and to share 50:50 with LESSOR in the costs of such improvements and maintenance. An aerial showing the shared parking area is attached as Exhibit "A -3." ARTICLE 2. Term of Lease a. Term. Unless otherwise terminated pursuant to the provisions hereof, LESSEE shall have and hold the Demised Premise for a term of Ten (10) years, commencing on 2005 ( "Lease Term Commencement Date ") and ending 2015, unless earlier terminated pursuant to the terms hereof (the "Lease Term "). b. Renewal. LESSEE is granted the option, provided it is not then in default of any of the provisions of this Lease, to renew same for four (4) separate, additional and sequential terms of ten (10) years, under the same terms and conditions, as provided herein, except as to the base rental amount, which is to be adjusted periodically as provided herein, by delivering written notice of LESSEE'S unconditional intention to renew to the LESSOR at least two (2) years prior to the expiration of the then existing Lease Term or renewal period. Said notice shall be effective upon actual receipt by the LESSOR. Failure of LESSEE to provide such written notice shall be deemed conclusive evidence of LESSEES waiver of its option to renew. Each 10 -year extension shall be a separate decision (i.e. the second option to extend does not take effect until the end of the first renewal period.) Notwithstanding the foregoing, each such renewal term must first be approved by a majority vote of the Collier County Board of County Commissioners prior to each respective renewal taking place. c. LESSEE's Right to Terminate. Upon two (2) year's prior written notice to LESSOR, given during the Lease Term or any extension thereof then in effect, LESSEE may, without cause, elect to terminate this Lease Agreement. If LESSEE so elects, the provisions of ARTICLE 18 shall govern. d. LESSOR's Right to Terminate. Upon two (2) year's prior written notice to LESSEE, given during the Lease Term or any extension thereof then in effect, LESSOR may, without cause, elect to terminate this Lease Agreement. If LESSOR so elects, LESSOR agrees to pay to LESSEE, at the time of termination, the unamortized cost of any improvement made by LESSEE to the Demised Premises approved by LESSOR in accordance with ARTICLE 9 hereof based on a ten year amortization period. LESSEE agrees that the payment of such unamortized costs of such improvements will be based on adequate documentation of the costs of such improvements and shall not include the value of donated materials and/or labor. No improvements will be made during the two -year Disposition Period (as herein defined) after notice is given. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the following sums: a. Base Rent of Two Hundred Thirty -five Thousand Five Hundred ($235,500.00) Dollars ( "Base Rent ") per annum in equal monthly installments of Nineteen Thousand Six Hundred Twenty - Five Dollars and 00 /100 Cents ($19,625.00) each, all in advance on the first day of every calendar month during the term hereof. If the terms of this Lease commence or end on a day other than the first day of the month, LESSEE shall pay base rent equal to one thirtieth (1 /30th) of the monthly base rent multiplied by the number of rental days of such fractional month. m I OE b. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. c. Having taken into consideration those benefits provided by LESSEE, as services in lieu of rent, as discussed in ARTICLE 3 e. below, and to the extent that the following formula would generate rental in excess of the Base Rent, LESSEE shall pay the excess rental amount to LESSOR: 1. During the Lease Term, as it may be renewed from time to time, LESSEE shall pay to LESSOR the following percentages of Gross Receipts from Services (as herein defined) performed or rendered and Gross Receipts from Sales (as herein defined) made by LESSEE on the Demised Premises: i. Six percent (6 %) of the first Seven Hundred Fifty Thousand Dollars ($750,000.00) of such gross receipts; and ii. Seven percent (7 %) of the gross receipts in excess of Seven Hundred Fifty Thousand Dollars ($750,000.00). As examples of when the Percentage Rent would or would not be paid are as follows: If the Gross Receipts from Sales and Services (as a total amount) totaled $3,000,000, the following calculation would be made: 6% of $750,000 = $ 45,000 7% of $2,250,000 =$157,500 Total = $202,500 which is less than the Base Rent of $235,500 so no Percentage Rent is due. If the Gross Receipts from Sales and Services (as a total amount) totaled $4,000,000, the following calculation would be made: 6% of $750,000 = $ 45,000 7% of $3,250,000 = $227,500 Total = $272,500 which is $37,000 more than the Base Rent of $235,500 so $37,000 in Percentage Rent would be due in addition to the Base Rent. 2. "Gross Receipts from Services" shall include all revenue realized by LESSEE from operations upon the Demised Premises, including but not limited to: parking fees, gate admissions, all in -park charges (rides, exhibits, shows or other amusements) and/or for other services made available to patrons; also revenues from radio and/or television shows or programs originating from the Demised Premises; motion pictures or other photographic items produced on the Demised Premises; catering of parties and similar activities on the Demised Premises, and fees for rental of area within the Demised Premises for such parties and any other revenue produced from the Demised Premises other than from Gross Receipts from Sales. 3. "Gross Receipts from Sales" shall include the gross revenue from sales of food, beverages, souvenirs, and all other merchandise or commodities on or sold from (such as by means of the Internet) the Demised Premises, whether made or produced thereon or purchased off -site for resale on the Demised Premises. Such commodities also include the sales through vending machines or by concessionaires (limited to those amounts actually paid over to LESSEE). Such Gross Receipts from Sales also shall include the sales of livestock produced by breeding on the Demised Premises but shall be off -set by any portion of such livestock proceeds that are utilized for the transportation or purchase of other animals and/or livestock within twelve (12) calendar months of the actual receipt of such income. In no event will the proceeds of the sale of any livestock or animals which occurs during the Disposition Period (as hereinafter defined in Article 18) be utilized in the calculation of any rent payment due LESSOR. 4. Gross Receipts from Services and Gross Receipts from Sales shall exclude any refunds or cash register adjustments made by LESSEE in the normal course of business, and shall exclude sales and/or other taxes collected by LESSEE from customers or admittees and remitted by LESSEE to the State of Florida. 5. Gross Receipts from Services and Gross Receipts from Sales shall also exclude any revenue derived by LESSEE, in its capacity as a non - profit corporation, resulting from fund- 19 4 raising efforts attendant to the operation of the Zoo and Gardens provided all suc QdEsed funds are used solely by LESSEE in the furtherance of the educational, cultural, conservation or public purposes of the Zoo and Gardens such as capital improvement of facilities, exhibits, animal collections, endowments for the upkeep of such additional capital improvements; care and feeding of the animals, protection of the botanical collection and preservation of wildlife habitat, reasonable personnel expenses and administrative costs approved by the LESSEE's Board of Directors. It is understood by LESSEE that LESSOR or its successor in interest, Collier County, shall have no obligation to provide funds and/or any in -kind consideration for the expansion, maintenance, repair, or operation of the Zoo and/or Gardens, or otherwise. 6. Settlements with respect to the percentage rent payments accruing hereunder shall be made one time annually. Settlements shall be made within twenty -one (21) days following the close of each Lease Year (hereinafter, each Lease Year is defined as the "Operating Period ".) Settlements shall be supported by LESSEE's statements of all receipts and revenues for the Operating Period being settled and by copies of the monthly sales tax reports submitted to the State of Florida. If the percentage rent payment calculated at the end of each Operating Period exceeds the monthly Base Rent, LESSEE shall remit such difference to LESSOR within ten (10) business days. If the percentage rent payment calculated at the end of each Operating Period is less than the monthly Base Rent, no payment will be due to LESSOR other than the Base Rent. LESSOR's accountants shall have full access, at all reasonable times and places in Naples, Florida, to the books, cash registers and accounts of LESSEE pertaining to the operation of the Demised Premises (including any fundraising) for the purposes of verifying gross receipts and revenues realized by LESSEE. All such items shall be maintained and retained by LESSEE on the Demised Premises. d. LESSOR has the right to review the Base Rent provisions at the end of each five -year period during the Lease Term and each renewal term thereof. If LESSOR determines that the Base Rent is not keeping pace with inflation or the applicable consumer price index, and LESSOR determines in its sole but reasonable discretion that the operation of the Zoo and Gardens is generating sufficiently more revenue than at the commencement of the five year period then just past, LESSOR may increase the Base Rent by no more than the total increase in the applicable consumer price index over the previous five year period. e. It is understood by LESSEE that LESSOR has and will continue, in its determination of Base Rent or any increase in Base Rent, to take into account the benefits provided by LESSEE to the citizens of Collier County and the general public, considered by LESSEE and LESSOR as services in lieu of rent. LESSEE has provided LESSOR with an extensive list of the benefits it has provided to the citizens of Collier County and the general public. LESSEE shall continue to provide the items listed below (I through 7, inclusive) during the Term of this Lease, except to the extent, if any, that LESSOR may from time -to -time agree only by amendment to this Agreement that the respective benefit can be modified or eliminated. Each such Amendment shall specifically state that it is amending the respective sub - paragraph(s) of Article THREE, paragraph (e) of this Agreement. Those benefits must be continued because each is a material consideration for this Lease. Such benefits, which must meet or exceed the 2005 baseline programs, (unless otherwise modified by agreement of the parties) are the following: (1) LESSEE offers a variety of discounts to local residents. These include opportunities throughout the year such as free admission for children Friday through Monday around school holidays. In addition, the zoo now offers Collier residents (adults and children) completely free admission at least one Saturday per month when entering before 11 a.m. (2) For residents, LESSEE offers a 50% discount on family memberships. The membership includes up to 2 adults and all dependent children living in the same household up to age 21. (3) LESSEE offers complimentary admission and/or deeply discounted rates to various children's groups, Collier County school groups, and County and Municipal parks and recreation program participates. (4) LESSEE employs full and part-time employees. Such employees have access to health care benefits paid in whole or in part by LESSEE. A life insurance policy is provided to employees at no charge. Dental insurance is also available through a group plan. Benefit programs for employees will be consistent with the Zoo Industry Standards (as hereinafter defined). 20 10E (5) LESSEE provides deeply discounted admissions for school children visiting the zoo. The zoo recently dedicated a position to group sales and is enhancing its onsite education to better service the growing need for curriculum- fulfilling field trips. (6) LESSEE also contributes to the local economy by using many local services for construction, printing, and technology. In regard to economic impact, over 70% of zoo visitors in March 2005 came from over 150 miles away including all 50 states and 20 foreign countries thus contributing to the local economy by contributing to overnight stays. (7) Locally, LESSEE will continue to provide an exhibit for best management practices for Backyard Wildlife Habitat to illustrate to guests how they can provide elements beneficial to songbirds, butterflies and other wildlife whether they have a condominium balcony, back lawn, or acres of space. (8) LESSEE will support local and international conservation. LESSEE will promote sustainable practices to its guests and sphere of influence. LESSEE will also cooperate with other conservation organizations to promote like- minded efforts. f. Base Rent will be abated pro -rata for any days that the Zoo and/or Gardens are not open to the public for business as a result of Force Majeure, as defined in Article 19 i. below. Provided, however, LESSEE agrees, in the event of a Force Majeure, to work diligently to correct such problem and re -open for business as soon as reasonably possible. ARTICLE 4. Additional Rent (Other Expenses and Charges) This is a Triple Net (Net Net Net) Lease. LESSEE shall pay all costs associated with the Demised Premises including and not limited to, all current and/or future applicable taxes, permits, approvals, licenses necessary for its operation, trash removal services and any and all utility charges. Utility charges shall include and not be limited to electricity, light, heat, air conditioning, power, potable water, irrigation water, sewer and telephone and all other communication services, used, rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 5. Title Matters/Permitted Encumbrances LESSOR has advised LESSEE that as of the Effective Date of this Lease Agreement, the Demised Premises are, and as of the Lease Term Commencement Date, the Demised Premises will be, subject to those matters set forth in Exhibit "B" attached hereto (the "Permitted Encumbrances "). LESSEE will at all times comply with the Permitted Encumbrances in all activities relating to the Zoo and Gardens. In addition, LESSEE takes the Demised Premises subject to, and admits notice of, the existence of any and all water (potable and/or irrigation), wastewater, storm water, sewer, gas, electric and other utility lines, wires and other facilities or capital improvements, whether recorded or unrecorded, located beneath, upon or above the Demised Premises, all of which are deemed to be Permitted Encumbrances. The existence of same will not constitute any breach of covenant on the part of LESSOR, nor will LESSEE be entitled to require the removal of any thereof. LESSOR reserves the right, for itself or any other owner of such utility lines, wires, and other facilities and tangible things, at all times to have reasonable access thereto for the purposes of operation, maintenance, repair, replacement or removal of any thereof; provided, however, that upon completion of any such work for which access is obtained, LESSOR or such other utility owner shall, at no cost to LESSEE, restore the affected improvements and/or surface of the land to substantially the condition in which it or they existed immediately prior to access and work, to the extent that the restoration to such condition is reasonably practicable. If any such work needs to be completed in the area of animal habitats or exhibits, the utility owner will be required by LESSEE, prior to entrance, to strictly abide by any instructions or demands of, and cooperate with, LESSEE with respect to any activity that may disturb the animals. Otherwise, the parties acknowledge that the terms of any existing easement document will govern the activities of such utility owner. ARTICLE 6. Accessibility and Admissions a. Accessibility. LESSEE will operate the Zoo and Gardens at reasonable hours year round excepting historical holidays and forced closures caused by Force Majeure (as defined in 21 Article 19 i. below) with the goal of providing broad access to the Zoo and Gar en o ounty residents and the general public. b. Admissions. LESSEE will have exclusive authority to set admission fees and other user fees for the Zoo and Gardens and to budget and expend the revenues from such fees. ARTICLE 7. Zoo Operations LESSEE will maintain the Zoo and Gardens as a permanent and general collection of animals and related horticulture as well as the botanical garden collection on the Demised Premises. LESSEE will at all times cause the Zoo and Gardens to be operated in accordance with the following performance standards: a. LESSEE will maintain membership in and accreditation by the American Zoo and Aquarium Association, or its successor or any other national organization having responsibility for the accreditation of zoological facilities ( "AZA "). Notwithstanding the foregoing, if such accreditation in such organization is not possible due to requirements that cannot reasonably be met by the Zoo and Gardens (including, for example, the size and areas needed to maintain certain habitats, the requirements to include certain animals that are beyond the financial means to provide (panda environments; elephant herd habitats; penguin or other controlled climate species) LESSEE, in consultation with LESSOR, will determine what other organization governing zoo operations will be the new entity providing certification or accreditation of LESSEE's operation of the Zoo and Gardens. b. LESSEE will maintain and operate the Zoo and Gardens in a manner consistent with the then - existing Zoo Industry Standards (as hereinafter defined). LESSEE may, at its discretion, loan any animal for breeding purposes and, further, may dispose of any animal deemed by LESSEE to be surplus. Reports of deceased animals, animals on loan, or animals deemed to be surplus will be kept by LESSEE as part of its animal inventory, available for review upon reasonable prior request by LESSOR. Notwithstanding the foregoing, if such accreditation in such organizations is not possible because of the requirements discussed in Article 7.a. above, the LESSEE and LESSOR will determine reasonable alternative standards for the Zoo maintenance and operation, such as the U.S. Department of Agriculture standards. c. LESSEE will provide non - discriminatory access to the public. d. LESSEE will continue the Zoo and Garden's educational and conservation programming. e. LESSEE will hire and employ such personnel as will, in LESSEE's judgment, be necessary to operate, manage and maintain the Zoo and Gardens in accordance with the provisions of this Lease Agreement. LESSEE will have sole responsibility to determine its policies and practices. f. LESSEE will hold title, or have contractual rights under animal loans, to all existing and future zoo animals for the benefit of the public for scientific, conservation, educational and recreational purposes. LESSEE will, subject to available resources, purchase or otherwise acquire additional animals for the Zoo and Gardens. g. LESSEE will properly care for, feed, supervise and maintain all of the zoological and botanical collection at the Zoo and Gardens in a clean and sanitary condition in accordance with Zoo Industry Standards. h. LESSEE agrees to maintain and preserve (to the extent possible) the historic botanical specimens that remain on the Demised Premises from the original Nehrling collection. The original Nehrling botanical gardens and residence occupied approximately thirteen (13) acres of the Demised Premises (the "Nehrling Area "). The footprint of the Nehrling Area was extensively altered during the ownership by the Fleischmann family by the installation of the paths and the monkey pond. However, some of the original botanical specimens planted by Nehrling have survived and have been maintained by LESSEE. LESSOR agrees that the remaining Nehrling Area will not be designated as an historic preservation site without the consent of LESSEE, which consent will not unreasonably be withheld. Before agreeing to such designation, LESSOR will consider any unreasonable hardship on the operation of the Zoo and Gardens that an historic M designation may cause. The parties agree that whether a property is or is not esi a as a historical preservation site is not an exercise of LESSOR'S police powers. ARTICLE 8. Maintenance and Repair a. LESSEE shall, at its sole cost and expense, maintain and repair the Demised Premises on a regular basis from time to time in order to always and continuously keep the Zoo and Gardens in good working order, in a safe and orderly condition and in substantial compliance with Zoo Industry Standards (as hereinafter defined). If said Demised Premises are not in such compliance in the reasonable opinion of LESSOR, as LESSOR may be advised by the U.S. Department of Agriculture Inspector, LESSEE will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, LESSOR may cause the same to be corrected and LESSEE shall assume and pay all such reasonable maintenance and repair costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. b. LESSEE, at no cost or expense to LESSOR, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agent(s), independent contractor(s), guest(s), invitee(s), licensee(s), patron(s), and/or trespasser(s). c. "Zoo Industry Standards" refers to the practices, methods, standards, and/or acts that are used by a significant portion of the zoological facilities maintaining accreditation by the AZA (as such facilities may be located in major cities of the United States) in the operation, maintenance, development, redevelopment of zoo facilities and animal collections, and which, in the exercise of reasonable judgment in the light of facts actually known, or reasonably should have been known, at the time a decision was made, would reasonably have been expected to accomplish the desired result at lowest reasonable cost, consistent with licensing and regulatory considerations, environmental considerations, reliability, safety and expediency. Zoo Industry Standards are not intended to be limited to the optimum practices, methods, standards or acts, to the exclusion of all others, but rather to be an accepted range of practices, methods, standards or acts employed by constructors, owner, or operators of facilities similar in size, locale and operation characteristics to the Zoo and Gardens. ARTICLE 9. Modifications, Additions, Alterations and Improvements a. Prior to making any significant modifications, additions, alterations, improvements or replacements to or on the Demised Premises or to any existing improvements thereon (significant is defined as projects costing in excess of $25,000 in the aggregate, during any 365 -day time frame, to complete; such amount being subject to adjustment based on changes in the Consumer Price Index), LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, modifications, additions and/or replacements to the Demised Premises for LESSOR'S written approval, specifying in writing and in meaningful detail, the nature and extent of the desired alteration, improvement, modification, addition, or replacement, along with the contemplated starting and completion time for each such project. LESSOR or its designee will then have sixty (60) days after receipt of such proposals or plans within which to approve or deny the respective project in writing. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, modifications, additions, or replacements proposed by LESSEE. b. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition, replacement or alteration of any such project, to observe and comply with all then existing applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all other governmental agencies with jurisdiction over such work. c. LESSEE shall pay the entire cost of any new construction upon the Demised Premises or the alteration of any structure, landscaping or impoundment situated thereon, as well as the cost of any equipment required in connection with any operations to be conducted by LESSEE. Prior to any modification, addition, alteration, replacement or improvement to the Demised Premises approved by LESSOR, LESSEE shall provide either (1) reasonable evidence acceptable to LESSOR that LESSEE has available sufficient funds, either on hand, or good faith pledges of contributions and/or grants, to ensure the completion of the proposed project and full and timely 23 payment of debt service and capital expenses or (2) a construction bond I GiEnt sum " tole cover the costs of the proposed project should LESSEE fail to complete it once started. In addition, prior to undertaking any improvements in excess of $500,000 in hard costs, LESSEE will contractually require the construction contractor(s) to provide separate payment and performance bonds in accordance with then applicable law. d. All alterations, improvements and additions, etc., including non - fixture improvements, to said Demised Premises are and shall continue to be property of LESSEE. Prior to the termination of this Lease or prior to the termination of any renewal term hereof, or the expiration of this Lease: i.. if LESSOR so requests, 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, as long as such termination is not due to the default of LESSEE, LESSOR agrees to pay LESSEE the greater of (1) the cost of removal or (2) the unamortized value of the improvements as set forth in Article 2 d. above. ii. alternatively, if LESSOR elects to retain ownership of some or all additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and, as long as such termination is not due to the default of LESSEE, LESSOR agrees to pay (1) for the unamortized value of the improvements it will retain as set forth in Article 2 d. above and (2) the cost of removal of the improvements it elects not to retain. iii. If such termination is due to the default of LESSEE, LESSEE shall not receive any payments for improvements, and, if LESSOR elects to have the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE removed, LESSEE shall be responsible for the costs of removal. e. LESSEE will comply with any and all requirements of the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq., ( "ADA "), including, but not limited to, the removal of all structural barriers, the accessibility of programs, services and goods, the provision of all auxiliary aids and services, and the modification of policies, practices and procedures as and when practicable. f. Notwithstanding the foregoing, LESSEE shall be entitled to make the following modifications, additions, alterations, improvements or replacements to or on the Demised Premises or to any existing improvements thereon without prior approval of LESSOR (although notice will be given for informational purposes): 1. those required for the routine day -to -day maintenance operations of the Zoo and/or Gardens which do not, in the aggregate, cost more than $25,000 in any 365 -day time frame to complete (such amount being subject to adjustment periodically based upon changes in the Consumer Price Index for Southwest Florida).; 2. those required by the AZA; 3. those required by emergency situations where the time required for approval by LESSOR could endanger the well -being of the Zoo animals and/or employees, invitees, patrons or guests; and/or 4. all other modifications, additions, alterations, improvements or replacements to or on the Demised Premises or to any existing improvements thereon which do not, in the aggregate, cost more than $25,000 in any 365 -day time frame to complete (such amount being subject to adjustment periodically based upon changes in the Consumer Price Index for Southwest Florida). ARTICLE 10. Extent of Liens LESSEE is required to and shall keep the Demised Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by or for LESSEE and any other liens and/or any other encumbrance(s) placed thereon during the term of this Lease, or any extensions hereof. All individuals and/or entities to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on any interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. 24 ARTICLE 11. Casualty and Condemnation 10E a. Casualty. If the Zoo and/or Gardens are destroyed, rendered substantially untenantable, or damaged to any material extent, as reasonably determined by LESSEE and LESSOR, by fire or other casualty, and LESSEE elects not to repair or replace the improvements or personal property, then LESSEE or LESSOR may terminate this Lease Agreement by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of LESSOR and LESSEE. During the period between the date of such casualty and the date of termination, LESSEE will close the Zoo and Gardens or affected portions thereof as may be necessary or appropriate to protect the health and safety of the patrons and/or visitors to the Zoo and/or Gardens and of the Zoo animals. If this Lease Agreement is not terminated as set forth herein, or if the Zoo and/or Gardens are damaged to a less than material extent, as reasonably determined by LESSEE and LESSOR, LESSEE will proceed with reasonable diligence, at no cost or expense to LESSOR, to rebuild and repair the Zoo and/or Gardens to substantially the condition as existed prior to the casualty. Notwithstanding any such termination, LESSEE shall have the two -year Disposition Period (as defined in Article 18 below) to remove its animals and any personal property, understanding that such relocation will take longer than 90 days. b. Condemnation. Promptly upon becoming aware of the commencement of any effort to acquire any part of the Demised Premises by a condemning authority, LESSOR will give notice to LESSEE thereof. If all or a substantial part (as reasonably determined by LESSOR and LESSEE) of the Zoo and Gardens are taken through a condemnation, then LESSEE or LESSOR may terminate this Lease Agreement by giving notice to the other party hereto within sixty (60) days after the date LESSOR is served with condemnation pleadings. If this Lease Agreement is so terminated, all compensation awarded for any condemnation of the Zoo and/or Gardens will be allocated between LESSEE and LESSOR, as their interests may then appear and be valued by the condemning authority or by jury. If this Lease is not so terminated as provided above, the portion of compensation awarded for the part of the land taken will be the property of LESSOR and the portion of compensation awarded for the part of the leasehold, improvements, fixtures, or personal property of LESSEE shall be paid over to LESSEE for the restoration of the remaining portion of the Zoo and/or Gardens. ARTICLE 12. Access to Demised Premises LESSOR, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof during business hours, or such other times with the consent of LESSEE, to inspect the Zoo and/or Gardens and/or to verify compliance with the terms of this Lease Agreement and/or for the purpose of examining the same and making any required repairs not being timely completed by LESSEE, as more particularly described in ARTICLE 8, above. LESSOR appoints Collier County's Real Estate Services Department's Property Manager as the authorized agent who will have the specific responsibility as LESSEE's primary contact person for matters under this Lease Agreement. LESSEE appoints its Executive Director and the President of LESSEE's Board of Directors (or their successors or designees) as the designated agents for LESSEE. LESSEE agrees to provide reasonable advance notice of LESSEE'S Board meetings by telephone or e -mail to LESSOR's representative. ARTICLE 13. Assignment and Subletting a. LESSEE shall not assign this Lease Agreement nor attempt to sublet the whole or any part of the Demised Premises, or permit any other person(s) to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent and/or other sums herein provided or from the obligation to keep and be bound by this Lease Agreement, unless expressly released from this Lease Agreement in writing by LESSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease, or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be void ab initio. LESSEES contracts and occupancy agreements with concessionaires on the Demised Premises will not be deemed to be assignments or subleases of this Lease Agreement and are not prohibited by this Article. The words "assign" or "sublet" 25 10 include any transfer of any type or description whatsoever. No such transfer shall be a no ation unless a novation is expressly agreed to by LESSOR. b. LESSOR is specifically authorized and permitted to assign this Lease Agreement and its interest as landlord under this Lease Agreement to Collier County or any other agency of the County. After such assignment, the Trust for Public Land will be released from all liability arising after the date of the assignment. c. LESSEE is specifically authorized and permitted to license portions of the Demised Premises to vendors servicing the Demised Premises and other organizations such as conservation groups and federal programs involved in the restoration of certain plant species and/or wildlife. d. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. ARTICLE 14. INDEMNITY AND DEFENSE OF CLAIMS a. IN CONSIDERATION OF TEN DOLLARS ($10.00), THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LESSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR, ITS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY (STATUTORY OR OTHERWISE), DAMAGES, CLAIMS, SUITS, DEMANDS, JUDGMENTS, COSTS, INTEREST AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND DISBURSEMENTS BOTH AT TRIAL AND ALL APPELLATE LEVELS) ARISING, DIRECTLY OR INDIRECTLY, FROM ANY INJURY TO, OR DEATH OF, ANY PERSON OR PERSONS OR DAMAGE TO PROPERTY (INCLUDING LOSS OF USE THEREOF) RELATED TO (A) LESSEE'S USE OF THE DEMISED PREMISES, (B) ANY WORK OR THING WHATSOEVER DONE, OR ANY CONDITION CREATED (OTHER THAN BY LESSOR, ITS EMPLOYEES, AGENTS OF CONTRACTORS) BY OR ON BEHALF OF LESSEE IN OR ABOUT THE DEMISED PREMISES, (C) ANY CONDITION OF THE DEMISED PREMISES DUE TO OR RESULTING FROM ANY ACTION OR INACTION BY LESSEE IN THE PERFORMANCE OF LESSEE'S OBLIGATIONS UNDER THIS LEASE AGREEMENT OR OTHERWISE, (D) ANY ACT, OMISSION OR NEGLIGENCE OF LESSEE OR ITS AGENTS, CONTRACTORS, EMPLOYERS, SUBTENANTS, LICENSEES OR INVITEES OR (E) AS A RESULT OF THE PRESENCE OF HAZARDOUS MATERIALS ON THE DEMISED PREMISES IN VIOLATION OF ARTICLE 20 HEREUNDER. b. LESSOR SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO PERSON OR PROPERTY CAUSED BY THE ELEMENTS OR BY ANY OTHER PERSONS IN THE DEMISED PREMISES, OR FROM THE STREET OR SUB - SURFACE, OR FROM ANY OTHER PLACE, OR FOR ANY INTERFERENCE CAUSED BY OPERATIONS BY OR FOR A GOVERNMENTAL AUTHORITY IN CONSTRUCTION OF ANY PUBLIC OR QUASI - PUBLIC WORKS OR OTHERWISE. c. LESSOR SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR LOSS OF, INCLUDING LOSS DUE TO THEFT, ANY PROPERTY, OCCURRING ON THE DEMISED PREMISES OR ANY PART THEREOF, AND LESSEE AGREES TO HOLD LESSOR HARMLESS FROM ANY CLAIMS FOR DAMAGES, EXEPT WHERE SUCH DAMAGE OR INJURY IS THE RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSOR OR ITS OFFICERS, EMPLOYEES OR AGENTS, ALL OF WHOM WHILE ACTING WITHIN THE SCOPE OF THEIR RESPECTIVE AUTHORITY. d. In case any action or proceeding is brought against LESSOR by reason of any one or more of such indemnified claims, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. It is specifically agreed however, that LESSOR may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 26 l . no event will an elected official or employee of the Count or an di u , officer or e. In y y y employee of LESSOR have any personal liability for actions taken by such individual in good faith in the course of carrying out his or her responsibilities on behalf of the County, or LESSOR, pursuant to this Lease Agreement. ARTICLE 15. Insurance a. LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved in writing by LESSOR and the Collier County Risk Management Department, for not less than Three Million Dollars and No /Cents ($3,000,000.00) combined single limits during the term of this Lease Agreement. If such amounts are less than the Zoo Industry Standards or good insurance industry practice would require, LESSOR reserves the right to increase these insurance limits by providing LESSEE with at least sixty (60) days' advance notice to do so. b. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No /100 Cents ($100,000.00) per each accident. If such amounts are less than the Zoo Industry Standards or good insurance industry practice would require, LESSOR reserves the right to increase these insurance limits by providing LESSEE with at least sixty (60) days' advance notice to do so. c. LESSEE shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Demised Premises and all of LESSEE's property located on or in the Demised Premises including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then - existing full replacement value. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by LESSEE in the course of its performance under this Lease Agreement, including Employer's Non - Ownership and Hired Auto Coverage, each said policy in amounts of $1,000,000 combined single limit per occurrence. If such amounts are less than the Zoo Industry Standards or good insurance practice would require, LESSOR reserves the right to increase these insurance limits by providing LESSEE with at least sixty (60) days' advance notice to do so. e. Automobile Physical Damage Insurance covering all vehicles used on or about the Zoo and Gardens and all of LESSEE's other owned or leased vehicles for Collision and Other Than Collision Perils within a maximum deductible of $1,000 per accident. f. All of the above - described insurance policy(ies) shall list and continuously maintain LESSOR, as well as its Officers, employees, representatives and agents, as additional insureds thereon. Evidence of such insurance shall be provided to LESSOR and the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to LESSOR in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than the Zoo Industry Standards or good insurance practice would require, LESSOR reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a certificate of authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against LESSOR, its employees, representatives and agents. g. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Lease and LESSOR shall have the remedies set forth below in Article 16. 27 ARTICLE 16. Defaults and Remedies 10E a. Defaults by LESSEE. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by LESSEE" to the greatest extent then allowed by law: 1. Abandonment of Demised Premises or discontinuation of LESSEE'S operation. 2. Falsification of LESSEE or a specifically authorized agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease Agreement. 3. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. 4. Adjudication as bankrupt. 5. Making of a general assignment of the benefit of creditors. 6. If LESSEE suffers this Lease to be taken under any writ of execution and/or other process of law or equity. 7. LESSEE loses the AZA accreditation for the Zoo, and such accreditation is not restored within two (2) years or such additional time as may be required if such accreditation is being diligently pursued by LESSEE. Notwithstanding the foregoing, to the extent that such loss of accreditation results from requirements of the AZA that are unreasonable or financially impracticable for LESSEE to comply with, it shall not be a default hereunder to lose such accreditation. 8. Any lien is filed against the Demised Premises or LESSEE's interest therein or any part thereof in violation of this Lease Agreement, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period LESSEE is contesting in good faith the validity of such lien and such lien is appropriately bonded. 9. Failure of LESSEE to perform or comply with any covenant or condition made under this Lease Agreement, which failure is not cured within ninety (90) days from receipt of LESSOR'S written notice stating the non - compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by LESSOR as being reasonably required to correct such default). However, the occurrence of any of the events set forth above as 16 (a). 1 through 6 and 10 shall constitute a material breach and default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law. Notwithstanding the foregoing termination of the Lease Agreement, LESSEE shall have the Disposition Period (as herein defined) to remove the Zoo animals and other property of LESSEE from the Demised Premises; the parties understanding that the relocation of Zoo animals may take significant time to safely accomplish. 10. LESSEESs loss of its federal IRS tax exempt status. 11. Failure to continue those programs set forth in Article 3 e 1 -7 above, unless such failure is cured within ninety (90) days from receipt of LESSOR's written notice of default. b. Remedies of LESSOR. 1. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 16, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all individuals, entities and/or property from the Demised Premises, provided such entering and removal is not detrimental to the welfare of the zoo animals. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If LESSEE does not cure the defaults in the time frames as set forth above, and LESSOR has removed and stored property, LESSOR shall not be required to store for more than 28 10E thirty (30) days. After such time, such property shall be deemed abandoned and LESSOR shall dispose of such property in any manner it so chooses and shall not be liable to LESSEE for such disposal. 2. If LESSEE fails to promptly pay, when due, any full installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5 %) percent of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2 %) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ( "Default Rate "), which interest shall be promptly paid by LESSEE to LESSOR. Notwithstanding the foregoing, if such payment is delayed due to acts of god (hurricanes, flooding, wind storms etc.), it shall not be a default hereunder for such delay nor shall Default Rate interest accrue. 3. LESSOR may sue for direct, actual damages arising out of such Default of LESSEE or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of LESSEE under this Lease Agreement, or otherwise. C. Default by LESSOR. LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein, in LESSEE's judgment or opinion, LESSOR has failed to perform any such obligation(s). d. Remedies of LESSEE. 1. LESSEE may sue for direct, actual damages arising out of such Default by LESSOR or for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of LESSOR under this Lease Agreement, or otherwise. 2. LESSEE may cure such Default of LESSOR and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of LESSOR. LESSOR will pay LESSEE on demand all reasonable costs incurred and any amounts so paid by LESSEE on behalf of LESSOR, together with interest accrued thereon at the Default Rate from the date so incurred until LESSEE has been completely reimbursed. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease Agreement or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non - Waiver. Every provision hereof imposing an obligation upon LESSEE is a material inducement and consideration for the execution of this Agreement by LESSEE and LESSOR. No waiver by LESSEE or LESSOR of any breach of any provision of this Lease Agreement will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. g. Attorneys' Fees. In the event of any litigation, including appellate proceedings, arising out of a default under this Agreement, the prevailing party shall not be entitled to recover any attorney's fees nor any costs from the non - prevailing party or otherwise (consistent with Article 26 below). 29 ARTICLE 17. Notices 10E '? a. 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, transmitted or addressed as follows: If to LESSOR: The Trust for Public Land 1595 Bay Street SE, Suite #3 St. Petersburg, FL 33701 Attn: John Garrison, Project Manager Telephone: (727) 895 -5090 Fax No.: (727) 895 -5190 With a copy to: Donna H. Smith Regional Counsel The Trust for Public Land 4267 NW Federal Highway, PMB 120 Jensen Beach, FL 34957 Telephone (772) 335 -3520 Fax No.: (772) 335 -1438 If to LESSEE: Naples Zoo, Inc. 1590 Goodlette -Frank Road Naples, Florida 34102 Attn: Executive Director Telephone: (239) 262 -5409 x. 107 Fax No.: (239) 262 -6866 With a copy to: Naples Zoo, Inc. 1590 Goodlette -Frank Road Naples, Florida 34102 Attn: President of Naples Zoo, Inc. Board Telephone: (239) 262 -5409 x. 107 Fax No.: (239) 262 -6866 With a copy to: Scott M. Ketchum, Esquire Law Offices of Scott M. Ketchum, P.A. 692 Goodlette Road N Naples, FL 34102 Telephone: (239) 403 -0148 Fax No.: (239) 403 -0965 b. The facsimile numbers and addresses 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 facsimile numbers or addressees only, unless and until such written notice is received by the recipient party, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. ARTICLE 18 Surrender of Demised Premises In order to provide for the orderly transition and reconveyance of the Demised Premises to LESSOR, LESSEE, at no cost to LESSOR, shall remove all furniture, fixtures, personal property, including all Zoo animals and any improvements completed by LESSEE (that LESSOR gives notice that it wishes demolished) prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or earlier termination, in as safe and orderly a condition and in good repair as the same shall be at the commencement of the term of this Lease Agreement 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. Notwithstanding the foregoing, understanding that a zoo operation cannot be removed without a significant period 30 of time, the parties hereto agree that the disposition period (the "Dispositilpla for the P g orderly and safe removal of the zoo animals and fixtures will be a period of two (2) years from the time of any notice to quit or for the last two (2) years of any term of this Lease. The parties further agree that during the Disposition Period, LESSEE shall pay percentage rent only, not Base Rent. ARTICLE 19. General Provisions a. Rights not specifically granted the LESSEE by this Lease Agreement are reserved to the LESSOR. b. NET, NET, NET LEASE. LESSEE shall promptly pay any and all sales taxes, licenses, permits, assessments and fees, taxes upon LESSEE's operations, and taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law, as well as any and all other taxes legally assessed. LESSOR acknowledges that LESSEE is a not for profit entity designated as 501(c) (3) by the Internal Revenue Service. As a not for profit federal income tax exempt entity, LESSEE may be exempt from the imposition of taxes on the leasehold interest. To the extent that LESSOR is then exempt from the payment of real property taxes on the underlying fee, LESSEE shall have no obligation to pay real property taxes. However, if the form of ad valorem taxes is changed by any law and LESSOR is then required to pay such taxes on the leasehold interest, such taxes will be paid by LESSEE as part of its triple net lease obligations hereunder. 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 and/or LESSEE'S use and or possession of said leasehold interest in the Demised Premises. d. Time is of the Essence. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease Agreement by LESSOR and LESSEE. e. Severability. If any provision of this Lease Agreement is held to be unlawful, invalid, or unenforceable under any present or future laws, such provision will be fully severable, and this Lease Agreement will then be construed and enforced as if such unlawful, invalid or unenforceable provision had not been a part hereof. The remaining provisions of this Lease Agreement will remain in full force and effect and will not be affected by such unlawful, invalid or unenforceable provision or by its severance herefrom. f. Estoppel Certificates. Within fifteen (15) days after notice by one party to the other, the party receiving notice will execute and deliver such estoppel certificates as the requesting party may reasonably require, which may be relied upon by the requesting party, financing party, or any other third party designated by the requesting party, certifying to such facts (if and to the extent true) and agreeing to such reasonable notice provisions and other matters as such requesting party or such other third party may reasonably require in connection with the business dealings of the requesting party. g. Independent Contractor. LESSEE is an independent contractor, and not any agent or representative or employee of LESSOR, nor of any Officer or employee of LESSOR. LESSEE expressly covenants and agrees that during the term of this Lease Agreement neither LESSEE, nor anyone acting on behalf of LESSEE, shall hold itself out as an employee, servant, representative or agent of LESSOR. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party, except as expressly provided in this Lease Agreement with respect to subleases and occupancy agreements for concessions in the Zoo and/or Gardens. No third party is intended by the parties to be a beneficiary of this Lease Agreement or to have any rights to enforce this Lease Agreement against either party hereto or otherwise. Nothing contained in this Lease Agreement will constitute the parties as partners or joint venturers for any purpose, it being the express intention of the parties that no such partnership or joint venture exists or will exist. LESSEE acknowledges that LESSOR is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee - employer relationship and that LESSOR excludes LESSEE and its employees from participation in all health and welfare benefit 31 10F plans including vacation, sick leave, severance, life, accident, health and isa ility insurance, deferred compensation, retirement and grievance rights or privileges. h. Entire Agreement /Amendments. This Lease Agreement constitutes the entire agreement between the parties as to the subject matter hereof. This Lease Agreement will not be modified, altered or amended except by written instrument duly executed by both LESSEE and LESSOR. i. Force Majeure. Neither party to this Lease Agreement will be liable for any delay in the performance of any obligation under this Lease Agreement or of any inability to perform an obligation under this Lease Agreement if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, the binding order of any governmental authority, unavailability of supplies or products necessary for the operation of the Zoo and Gardens, and/or failure of equipment not utilized or under the control of either party hereto, provided that such equipment has been designed, constructed, operated and maintained in accordance with prudent operating practice and Zoo Industry Standards. j. Memorandum of Lease. LESSOR and LESSEE will have the right to record a memorandum of this Lease Agreement in the real property records of Collier County, Florida. k. Quiet Enjoyment. LESSOR covenants, warrants and represents that it has the full right and power, subject to the Permitted Encumbrances, to execute this Lease Agreement and to grant the estate demised herein, and that LESSEE, on paying the rent herein reserved and performing the covenants and agreements herein contained to be performed by LESSEE, shall peaceably and quietly have, hold and enjoy the Demised Premises and all rights and privileges belonging or pertaining thereto during the Lease Term, as it may be extended. 1. Throughout this Lease, the words "law ", "rule" and/or "regulation" or similar words shall not be limited to items that are so defined, but shall apply to and include any such thing that legally applies, including ordinances and codes. m. Throughout this Lease, a list of nouns, for example, "employee ", "servant ", "representative ", and/ or "agent," shall not be construed to be limited to the listed nouns, but shall include any individual whomsoever and/or entity whatsoever to which the sentence or phrase could logically apply. ARTICLE 20. Environmental Matters a. Restrictions on Hazardous Materials. LESSEE will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials (hereinafter defined)upon or about the Demised Premises, nor permit employees, representatives, agents, contractors, sub - contractors, sub - sub - contractors, materialmen and/or suppliers to engage in such activities upon or about the Demised Premises. However, the foregoing provisions will not prohibit the transportation to and from, and use, storage, maintenance and handling, within the Demised Premises of substances customarily used in owning, managing, repairing or operating similar premises devoted to uses authorized by this Lease; provided (i) such substances will be used and maintained only in such quantities as are reasonably necessary and in accordance with all then applicable laws, rules and/or regulations, and the manufacturers' instructions therefore, and (ii) such substances will be disposed of, released or discharged at the Demised Premises in compliance with all then applicable laws, rules and/or regulations, and will be transported to and from the Demised Premises in compliance with all of the same. b. Environmental Notices. Each party will promptly notify the other party upon the notifying party's becoming aware of: (1) any enforcement, cleanup, or other regulatory action taken or threatened against either party by any governmental or regulatory body with respect to the presence of any Hazardous Material on or otherwise regarding the Demised Premises, (ii) any 32 10 demands or claims made or threatened by any individual or entity against LESSOR or 9SSEE relating to any Hazardous Materials, (iii) any unlawful release, discharge or non - routine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Demised Premises, and (iv) any matters where a party hereto is required by law, rule and/or regulation to give a notice to any governmental or regulatory body respecting any Hazardous Materials in the building(s) or on the Demised Premises. At such times as LESSOR may reasonably request, LESSEE will provide LESSOR with a written list identifying any Hazardous Materials then actually known to LESSEE to be used, stored, or maintained upon the Demised Premises, a copy of any MSDS issued by the manufacturer thereof, written information concerning the removal, transportation and disposal of the same, and other information as LESSOR may reasonably require or as may be required by laws. c. Remediation. If any Hazardous Material is released, discharged or disposed of by LESSEE, or its employees, agents or contractors, etc., on or about the Demised Premises in violation of the foregoing provisions, or otherwise, LESSEE will immediately, properly and in compliance with all applicable laws and ordinances, remediate the Hazardous Material on the Demised Premises and any other affected property, at LESSEE's sole expense. Such remediation work will be subject to LESSOR's prior written approval, and will include, without limitation, any testing, investigation and /or preparation and implementation of any remedial plan required by any governmental body having jurisdiction. If LESSEE fails to comply with the provisions of this Article 20 within five (5) days after written notice by LESSOR, or such shorter time as may be required by law, LESSOR may (but will not be obligated to) arrange for such compliance through contractors or other parties selected by LESSOR, at LESSEE's expense. d. Definition of Hazardous Material. Hazardous Material means any substance: i.) the presence of which requires investigation, remediation, or is, or becomes regulated under any federal, state or local statute, regulation, ordinance, order, action, policy, or common law; or ii.) which is or becomes defined as a "hazardous substance," pollutant, or contaminant under any federal, state, or local statute, regulation, rule, or contaminant under any federal, state, or local statute, regulation, rule, or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.); or iii.) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, or poses, or threatens to pose a hazard to the health or safety of persons on or about the Demised Premises, and is or becomes regulated by any governmental authority, agency, department, commission, board, or instrumentality of the United States, the State in which the Demised Premises are located or any political subdivision thereof. e. Environmental Indemnity. In accordance with the provisions of ARTICLE 14 hereof, LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees and all appeals) 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 harm to the environment associated with the Demised Premises. This applies to any contamination that arises from any and all environmental testing whatsoever done on the Demised Premises. ARTICLE 21. 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. 33 10E ARTICLE 22. Security Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. ARTICLE 23. Non- Discrimination/Equal Opportunity a. LESSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race, color or national origin discriminate or permit discrimination against any individual or group of individuals in any manner prohibited by Part 21 of the Rules and Regulations of the Secretary of Transportation. LESSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. b. LESSEE assures that it will undertake an affirmative action program as required by 14 CFT Park 152, Subpart "E ", to insure that no person shall on the grounds or race, creed, color, nation origin or sex be excluded from participating in any employment activities covered in 14 CF17 Park 152, Subpart "E ". LESSEE assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Subpart. c. LESSEE assures that it will require its covered suborganizations, if any, to provide assurances to LESSEE that it similarly will undertake affirmative action programs and that it will require assurances from its suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. LESSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the Federal Government may direct to enforce this nondiscrimination covenant. d. To the maximum extent permitted by applicable laws, LESSEE shall, in the conduct of its business, comply with Collier County's and the State's minority, women, disadvantaged business enterprise policies from time to time in effect. ARTICLE 24. Interest of Members of Political Subdivision. No member of the governing body of the City of Naples or Collier County or any political subdivision of the State of Florida and no other officer, employee or agent of the City, County or any political subdivision of the State of Florida who exercises any functions or responsibilities in connection with the carrying out of the establishment and operation of the Zoo and/or Gardens to which this Lease Agreement pertains shall have any personal interest, direct or indirect, in this Lease Agreement. ARTICLE 25. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 26. Governing Law and Venue This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida. Any lawsuit or other action to enforce any provision of this Lease shall be filed in the Circuit Court in and for the County of Collier, Florida and each party shall be responsible to pay its own costs and attorney's fees resulting therefrom and the costs of any and all appeals. 34 I o IN WITNESS WHEREOF, the parties hereto have hereunder set forth their han s and seals. AS TO LESSOR: LESSOR: THE TRUST FOR PUBLIC LAND, A California not - for - profit Corporation FIRST WITNESS (signature) By: Name: Title: (print name of first witness) Date: , 2005 SECOND WITNESS (signature) (print name of second witness) AS TO LESSEE: FIRST WITNESS (signature) (print name of first witness) SECOND WITNESS (signature) (print name of second witness) LESSEE: NAPLES ZOO, INC., a Florida not - for - profit Corporation By: _ Name: Title: Date: 35 , 2005 Exhibit "A" 10E Description of Total Property Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida. All that part of Lot 9 of Naples Improvement Company's Little Farms Subdivision, lying south of Golden Gate Parkway, recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. The East 564 feet of the West 1,184 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision, less road right -of -way granted in Official Records Book 876, Page 1,718, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. The East 470 feet of the West 1,654 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. All of Lot 8 of Naples Improvement Company's Little Farms Subdivision, except the West 1,654 feet, according to the plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; the East and West boundary lines of said Parcel being measured from the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet East of the North and South 1/4 Section line of Section 27, Township 49 South, Range 25 East, Collier County, Florida. The East 338.24 feet of the West 958.34 feet of Lot 7 of Naples Improvement Company's Little Farms Subdivision, per Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded to the Board of County Commissioners of Collier County, Florida described as : Commence at the Northwest corner of said Lot 7; thence N 89 degrees 17' 39" East along the North line of said Lot 7 for a distance of 620.00 feet to the POINT OF BEGINNING; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26 degrees 13' 03 "; thence continue Southwesterly along said curve an arc distance of 51.30 to a point; thence N 00 degrees 39' 49" West 30 feet to the POINT OF BEGINNING. The North 1/2 of Lot 7, less the West 1288.34 feet, Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. Lot 6 of Naples Improvement Company's Little Farms Subdivision, less additional road right -of- way for Goodlette -Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; and subject to an easement reserved by Seller, its heirs and assigns, for ingress and egress over the North 60 feet of the West 950 feet thereof. Lots 3, 4 and 5 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power & Light Company relating to said Lot 6: (a) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 397 of said Public Records; less and except the following described property: Part of Lot 3, Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: 36 r Commencing at a concrete monument at the South 1/4 come of Section , O E Township 49 South, Range 25 East, Collier County, Florida; thence along the South Line of said Section North 89 degrees 26' 09" East 753.94 to a point; thence South 0 degrees 21' 55" East 334.85 feet to a concrete monument on the South line of said Lot #3 and the Point of Beginning of the described line-, thence along said described line and the Westerly boundary of the herein described parcel North 0 degrees 21' 55" West 211.15 feet to a concrete monument at the Northwest corner of said described Parcel; thence along said described line and the Northerly boundary of said described parcel North 89 degrees 38' 05" East 729.90 feet to a concrete monument; thence continue North 89 degrees 38' 05" East 13 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms Subdivision and the Point of Ending of said described Line. Lot 2, Naples Improvement Company's Little Farms Subdivision, except area described in Deed Book 22, Page 393, Public Records of Collier County, Florida, and less West 25 feet and right - of -way located in Collier County, Florida, and except parcel deeded to Collier County Conservancy, Inc., as Parcel 2 in Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. A lot or parcel of land lying in Lot 2 of Naples Improvement Company's Little Farms Subdivision, per plat in Plat Book 2, Page 2, Public Records of Collier County, Florida, which lot is described as follows: Beginning at a point on the South line of said Lot 2, which point is the Northwest corner of Lot 50 of Gordon River Homes per Plat in Plat Book 2, Page 84, Public Records of Collier County, Florida, run Northerly parallel to the West line of said Lot 2 for 217.5 feet; thence run Easterly parallel to the South line of said Lot for 180 feet; thence run Southerly parallel to West line of said Lot for 217.5 feet to South line of said Lot; thence run Westerly along said South line for 180 feet to Point of Beginning. Being the same premises conveyed by deed recorded in Deed Book 22, Page 393, Public Records of Collier County, Florida; less the West 40 feet thereof, and less road right -of -way for Goodlette -Frank Road. The Westerly 1/2 of Lot 39 and Lot 40, Gordon River Homes Subdivision, Lots 41, 42, and 43 and the East 45 feet of Lot 44, GORDON RIVER HOMES, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 84, in the Public Records of Collier County, Florida. All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. In North 1/2 of North 1/2 of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the section and run East 1398.25 feet; thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the place of beginning, Collier County, Florida. 37 Exhibit A -1 10E Description of Demised Premises Island in 17`h Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida; and, Lot 3 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida; less and except the South 311.25 feet thereof; and All of Lots 4 and 5 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida; and, Lot 6, Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, less and except the following described property: Beginning at the Northwest corner of said Lot 6, run South along the West line of said Lot 6 for 60 feet; thence run East parallel with the North lot line of said Lot 6 for 983 feet; thence run South parallel with the West line of said Lot 6 for 220 feet, more or less, to a line parallel with and 50 feet (measured at right angles) North of the South line of said Lot 6; thence run East parallel with said south line for 717 feet, more or less, to the waters of Gordon River Canal; thence run Northeasterly for 280 feet, more or less, along the waters of said Canal to the North line of the said Lot 6; thence run West along the said North line of Lot 6 for 1,697 feet, more or less, to the point of beginning. Subject to a reservation, herein reserved by this provision, for an easement to Collier County, its officers, employees, agents, and/contractors, and the public for (1) construction of a perimeter road from the intersection of Fleischmann Blvd. and Goodlette -Frank Road northerly along the westerly property line of the Demised Premises, and a bus turnaround for use by the LESSEE within the LESSEE's primary existing parking lot; and (2) ingress and egress over the roadways of the LESSEE so that all individuals who reasonably then need such access will have the needed access to the Gordon River and adjoining lands and/or as otherwise from time -to -time needed. This reservation shall be treated for all purposes as if existing within the text of the Lease agreement. An aerial showing the perimeter road is attached as Exhibit "A -3." Exhibit A -2 Description of Shared Parking Area IOE The South 311.25 feet of the West 440 feet of Naples Improvement Company's Little Farms, as measured along the South line of said Lot 3, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida. 39 IOE Exhibit "A -3" 40 Exhibit "B" IOE Permitted Encumbrances 41 tij,I Memorandum 1 E r, F O'R_1VAP� O�/1 TO: Minutes & Records Management FROM: Cindy Erb Sr. Property Acquisition Specialist Real Estate Services DATE: January 10, 2006 RE: Caribbean Gardens/Naples Zoo — Naples Zoo, Inc. Please find attached one (1) original Novation Assignment of Lease Agreement and one (1) original Lease Agreement for the above referenced project. The Board of County Commissioner of Collier County, Florida had approved the Agreement for Sale and Purchase pursuant to Agenda Item 10 E, dated November 15, 2005. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated Office of the Real Estate Services NOVATION ASSIGNMENT OF LEASE AGREEMENT lOE This Assignment is entered into this 19th day of December, 2005 by and between The Trust for Public Land, a California not-for-profit corporation, having a principal place of business at 1595 Bay Street SE, Suite # 3, St. Petersburg, Florida 33701 ("Assignor" and "Lessor") and Collier County, a political subdivision of the State of Florida, having an address of 3301 Tamiami Trail East, Naples, Florida 34112 ("Assignee" and the "Counti'). PRELIMINARY STATEMENT Reference is made to the following facts that constitute the background to this Assignment: WHEREAS, Assignor entered into that certain Lease Agreement signed on even date herewith (the "Lease"), with Naples Zoo, Inc., a Florida not-for-profit corporation ("Lessee") with respect to certain property consisting of 43.52 acres, more or less, and located in Collier County, Florida, as more fully described in the Lease (the "Demised Premises"); WHEREAS, pursuant to Article 13 of the Lease, Assignor may assign the Lease to the County; and WHEREAS, Assignor wishes to assign the Lease to Assignee and Assignee wishes to assume the Lease on the terms and conditions set forth herein. 1 IOE NOW THEREFORE, in consideration of the Lease and this Assignment, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignor hereby assigns to Assignee all of its rights under the Lease, a complete copy of which, now in full force and effect, is attached hereto as Exhibit A. 2. This Assignment is made such that Assignee is subject to all of the terms and conditions of said Lease, none of which are waived by Lessee. 3. It is understood that this Assignment is an assignment of all of the rights that Assignor may now or at any time hereafter have in the Lease or against Lessee arising out of or under the Lease. 4. Assignee assumes all of the obligations of Assignor under the Lease, which obligations Assignee covenants and agrees with Lessee to perform and observe as if the Lease had been between Assignee, as lessor, and Lessee. This Assignment is a complete novation; therefore from and after the date of this Assignment Assignor is released from all its duties, responsibilities, obligations and/or liability in connection with this Lease. 5. Upon execution and delivery of this Assignment by Assignor and Assignee, a copy of the executed Assignment will be provided to Lessee and request that all notices referred to in the Lease to be sent to Lessor will be sent to County at the following addresses: 2 If to Assignor: With a copy to: If to Lessee: With a copy to: lOt Michael Dowling, Senior Property Management Specialist Real Estate Services Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8743 Telephone (239) 774-8876 Facsimile Thomas Palmer Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774-8400 Telephone (239) 774-0225 Facsimile Naples Zoo, Inc. 1590 Goodlette-Frank Road Naples, Florida 34102 Attn: David Tetzlaff, Director Telephone: (239) 262-5409 x. 107 Fax No.: (239) 262-6866 Law Offices of Scott M. Ketchum, P.A. Goodlette Professional Center 692 Goodlette Road North Naples, Florida 34102 Telephone: (239) 403-0148 Fax No.: (239) 403-0965 6, Assignor represents, to the best of its knowledge that no defaults exist under the Lease. 7. Provided this Assignment is executed and delivered within 30 days after 3 lOE Assignor takes title to the Demised Premises, any rent payment received by Assignor will be paid over to Assignee; otherwise the rent payments will be prorated only for the month of the Assignment to Assignee, Assignor retaining any rents paid in months prior to the month of the Assignment. Executed as a sealed instrument as of the date first above written. Dated Project/Acquisition Approved by: BCC: iLl'S /-zoIJ5 J k/l7l 4 10 C- AS TO ASSIGNEE: DATED: r 'it-'i - ()1iJ5 ATTEST: ^ \,\\"1') . f:J ," DWIGH~.~"B~OCK~~Jerk ::':;, :.~i::',~~' ~.,.1' ." BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1u-l-W. ~ FRED W. COYLE, CHAIR N Approved as to form and legal sufficiency: ~~ Thom:R~ Assistant County Attorney 4 AS TO ASSIGNOR: DATED: I ~ .., I tq - o.s-- WITNESSES: ~~~t ~f ?r::tnes~ it . nted Name of first witness) ~arJr:'of si;~~;;st' ljOYltll9 f( I ~ Tl+ (Printed Name of second witness) AS TO LESSEE: IOE THE TRUST FOR PUBLIC LAND 5 (!j(eL IV-S 2:>1 R...~ C 10 It. l 0E LEASE AGREEMENT rc THIS LEASE AGREEMENT (this "Lease Agreement") is entered into this /a day of Cetm b�- 2005, between NAPLES ZOO, INC., a Florida non-profit corporation, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, whose mailing address is 1590 Goodlette-Frank Road, Naples, Florida 34102, hereinafter referred to as "Naples Zoo, Inc." or "LESSEE", and THE TRUST FOR PUBLIC LAND, a California non-profit corporation, whose mailing address is 1595 Bay Street SE, Suite #3, St. Petersburg, Florida 33701, hereinafter referred to as "TPL" or "LESSOR". WITNES SETH WHEREAS, Naples Zoo, Inc., is a lessee of certain assets of Jungle Larry's Safariland, Inc., an Ohio corporation, and operator of the fixtures, furniture, buildings and animals that make up the Caribbean Gardens, The Zoo in Naples; and WHEREAS, during its history in Naples, Florida, the Zoo has strived to provide a quality experience for residents and visitors to the community. It has done this without drawing on public monies for any reason including seeking accreditation by the American Zoo and Aquarium Association, which it achieved in 2001. This status places Caribbean Gardens in the top 10% of facilities exhibiting wildlife in the Nation; and WHEREAS, TPL has acquired the property at the intersection of Goodlette-Frank Road and Golden Gate Parkway consisting of 166 acres, more or less (the "Total Property"), from CHARLES FLEISCHMANN, III, as to an undivided 49.61% interest in said land, DORETTE L. FLEISCHMANN VIETS, as to an undivided 25.195% interest in said land and DORETTE L. FLEISCHMANN VIETS, MELANIE FLEISCHMANN GARNETT and CHARLES FLEISCHMANN, V, as Co-Trustees under Article Seven B of the Last Will and Testament of Dorette K. Fleischmann, deceased, dated September 10, 1992, as to an undivided 25.195% interest in said land (the Total Property is more particularly described on Exhibit "A" attached hereto and made a part hereof); and WHEREAS, TPL intends to convey portions of the Total Property to Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112; and WHEREAS, the voters of Collier County, in a November 2004 referendum, voted overwhelmingly to increase the ad valorem tax in order to raise $40 million in funding to acquire portions of the Total Property and to preserve the Caribbean Gardens,The Zoo in Naples, for future generations; and WHEREAS, TPL is entering into this Lease with Naples Zoo, Inc. in order to further the voters'objective and purpose to preserve the gardens and the zoo; and WHEREAS, the County has agreed to accept an assignment of this Lease Agreement from TPL at the time the County is to acquire portions of the Total Property from TPL; and WHEREAS, Collier County has determined that it is in the best interest of the citizens of Collier County for this Lease Agreement to be assumed by the County and for the Naples Zoo, Inc. to continue to grow and develop for the enjoyment by, the education of, and the enhancement of the quality of life and the entertainment of the general public of Collier County and the State of Florida. THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises and Permitted Uses a. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a 43.52 acre +/- portion of the Total Property(including the roadway islands with signage) (the "Zoo and Gardens Parcel"), as more particularly described in Exhibit "A-1" which is attached hereto and made a part of this Lease, hereinafter also called the "Demised Premises". 0 o b. The Demised Premises shall be used and occupied as an ac tive operation of the Caribbean Gans and the Zoo in Naples (the "Zoo and Gardens") open to the general public including botanical collection, animal and nature exhibits, as presently constituted and operated on the Demised Premises, in a manner substantially equal in quality or better than that established by Jungle Larry's Safari land, Inc. ("Jungle Larry's"). LESSEE shall promote the continuing development of the Zoo and Gardens as a facility displaying wild animal species in appropriate settings for educational, recreational and wildlife conservation dedicated to the enhancement of the quality of life with the Collier County area. LESSEE shall utilize the Demised Premises for all reasonable purposes attendant to the primary purpose set forth above, including, without limitation, certain banquet, restaurant, concessions and food and beverage activities, as well as retail activities related to the purposes set forth herein. LESSEE, at its expense, shall maintain the facility in a quality at least comparable to that of the operation of Jungle Larry's on the date of this Agreement and may include expansion of the operation by providing new or other wild animals, nature exhibits, rides, food vendors, walking trails, educational demonstrations and entertainment. If additional educational, cultural and conservation programs are established by LESSEE, they shall be conducted on the Demised Premises in a manner intended to benefit the general public and the property and to maintain the Zoo and Gardens in a first--class and accredited condition. It is understood and agreed that the buildings, private utilities (such as wells and septic systems and the pipes and lines associated therewith), signage and all other structures and improvements on the Zoo and Gardens Parcel are the responsibility of LESSEE and, whether classified as fixtures or as non-fixture improvements to the Demised Premises, shall become the property of LESSOR at the expiration or earlier termination of this Lease, as more particularly described in Article 9(d) below. c. All operations on the Demised Premises will be conducted in an orderly and proper manner considering the nature of Zoo operations so as not to unreasonably annoy, disturb, endanger or be offensive to adjoining and/or near-by property owners. LESSEE will not do or permit to be done anything that may result in the creation, commission or maintenance of a nuisance, unsanitary condition, waste and/or injury on or to the Demised Premises. LESSEE will not do or permit to be done anything that materially adversely affects the effectiveness or accessibility of the drainage system, sewerage system, and/or fire hydrants, if any, or any other utility facilities. LESSEE will collect all garbage, debris and waste material, whether solid or liquid, arising out of the improvement, maintenance, occupancy or use of the Demised Premises, shall store same pending disposal in covered or other rigidly and sturdily constructed receptacles and dispose of same off the Demised Premises at regular intervals. Notwithstanding the foregoing, animal wastes may be composted on the Demised Premises for uses in the Gardens. LESSEE will provide and use such escape- proof enclosures in conformance with Zoo Industry Standards (as hereinafter defined), appropriate for the protection of patrons and visitors to the Zoo or Gardens. LESSEE shall use best efforts at all times to keep all wild animals within the confines of the Demised Premises. Excluding flood, fire, hurricanes and other forces of nature, beyond LESSEE's control, LESSEE shall exercise care to prevent damage to the botanical collections and rare natural foliage and plantings on the Demised Premises; shall exercise care to prevent the water produced or used upon or flowing onto the Demised Premises from reaching levels of salinity which would in any way damage or impair any planting or foliage included in the botanical collection, as now or hereafter constituted; shall keep the Demised Premises adequately fenced, including against predator(s), trespasser(s) and vandal(s) and all other unauthorized entries. d. Under appropriate arrangements with the City of Naples, Florida, a Florida Municipal Corporation, LESSEE shall continue, through the Lease Term, as it may be extended, to maintain, in the same manner as heretofore maintained, the current entrance sign (or its replacement), grass and other planting within the median island area of Seventeenth Street North, also known as Fleischmann Boulevard. Said median island area (approx. 0.02 acres+/-) is described in Exhibit A as a part of the Demised Premises. LESSEE shall have reasonable access to all electrical meters, electrical lines and water lines located on the adjacent property currently known as the Naples Preserve that supply the sign and its landscaping. LESSEE agrees LESSOR may erect and maintain a sign or other appropriate marker in a prominent location on the Demised Premises, at a location agreeable to LESSEE and LESSOR, visible from a public road, bearing information indicating the Demised Premises is protected by LESSOR (and its successor). LESSOR shall determine the wording of the sign or marker. LESSOR shall be responsible for the costs of erecting and maintaining such sign or marker. If the sign is not properly maintained in good condition, LESSEE will notify LESSOR. If the condition is not corrected within sixty (60) days after notice, LESSEE may remove the sign. e. LESSEE understands and agrees that the portion of the Demised Premises described on the attached Exhibit "A-2" shall be used by LESSEE for over-flow parking of its guests and invitees, and, with twelve (12) of the spaces being made available for parking by the general public in order to access the Gordon River over and through other adjacent lands of LESSOR. LESSEE shall maintain the property described on Exhibit "A-2" in the same manner and to the same extent as described herein for the Demised Premises. In 2 i the future, if LESSOR requires improvements to this parking area, which improvements shall be lim edE paving or other permeable surface (such as crushed shells or marl), LESSOR and LESSEE shall investigate the relative costs of the improvements and future costs of maintenance. LESSEE agrees to maintain the improved parking surface and to share 50:50 with LESSOR in the costs of such improvements and maintenance. ARTICLE 2. Term of Lease a. Term. Unless otherwise terminated pursuant to the provisions hereof, LESSEE shall have and hold the Demised Premise for a term of Ten (10) years, commencing on December 19, 2005 ("Lease Term Commencement Date") and ending December 18, 2015, unless earlier terminated pursuant to the terms hereof(the "Lease Term"). b. Renewal. LESSEE is granted the option, provided it is not then in default of any of the provisions of this Lease, to renew same for four (4) separate, additional and sequential terms of ten (10) years, under the same terms and conditions, as provided herein, except as to the base rental amount, which is to be adjusted periodically as provided herein, by delivering written notice of LESSEE'S unconditional intention to renew to the LESSOR at least two (2) years prior to the expiration of the then existing Lease Term or renewal period. Said notice shall be effective upon actual receipt by the LESSOR. Failure of LESSEE to provide such written notice shall be deemed conclusive evidence of LESSEE's waiver of its option to renew. Each 10- year extension shall be a separate decision (i.e. the second option to extend does not take effect until the end of the first renewal period.) Notwithstanding the foregoing, each such renewal term must first be approved by a majority vote of the Collier County Board of County Commissioners prior to each respective renewal taking place. c. LESSEE's Right to Terminate. Upon two (2) year's prior written notice to LESSOR, given during the Lease Term or any extension thereof then in effect, LESSEE may, without cause, elect to terminate this Lease Agreement. If LESSEE so elects, the provisions of ARTICLE 18 shall govern. d. LESSOR's Right to Terminate. Upon two (2) year's prior written notice to LESSEE, given during the Lease Term or any extension thereof then in effect, LESSOR may, without cause, elect to terminate this Lease Agreement. If LESSOR so elects, LESSOR agrees to pay to LESSEE, at the time of termination, the unamortized cost of any improvement made by LESSEE to the Demised Premises approved by LESSOR in accordance with ARTICLE 9 hereof based on a ten year amortization period. LESSEE agrees that the payment of such unamortized costs of such improvements will be based on adequate documentation of the costs of such improvements and shall not include the value of donated materials and/or labor. No improvements will be made during the two-year Disposition Period (as herein defined) after notice is given. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the following sums: a. Base Rent of Two Hundred Thirty-five Thousand Five Hundred ($235,500.00) Dollars ("Base Rent") per annum in equal monthly installments of Nineteen Thousand Six Hundred Twenty-Five Dollars and 00/100 Cents ($19,625.00) each, all in advance on the first day of every calendar month during the term hereof. If the terms of this Lease commence or end on a day other than the first day of the month, LESSEE shall pay base rent equal to one thirtieth (1/30th) of the monthly base rent multiplied by the number of rental days of such fractional month. b. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. c. Having taken into consideration those benefits provided by LESSEE, as services in lieu of rent, as discussed in ARTICLE 3 e. below, and to the extent that the following formula would generate rental in excess of the Base Rent, LESSEE shall pay the excess rental amount to LESSOR: 1. During the Lease Term, as it may be renewed from time to time, LESSEE shall pay to LESSOR the following percentages of Gross Receipts from Services (as herein defined) performed or rendered and Gross Receipts from Sales (as herein defined) made by LESSEE on the Demised Premises: 3 i. Six percent (6%) of the first Seven Hundred Fifty Thousand Dollars ($750,000.00) o su� gross receipts; and ii. Seven percent (7%) of the gross receipts in excess of Seven Hundred Fifty Thousand Dollars ($750,000.00). As examples of when the Percentage Rent would or would not be paid are as follows: If the Gross Receipts from Sales or Services (as a total amount) totaled$3,000,000, the following calculation would be made: 6% of$750,000 = $ 45,000 7% of$2,250,000 =$157,500 Total = $202,500 which is less than the Base Rent of $235,500 so no Percentage Rent is due. If the Gross Receipts from Sales or Services (as a total amount) totaled $4,000,000, the following calculation would be made: 6% of$750,000 = $ 45,000 7% of$3,250,000 = $227,500 Total = $272,500 which is $37,000 more than the Base Rent of $235,500 so $37,000 in Percentage Rent would be due in addition to the Base Rent. 2. "Gross Receipts from Services" shall include all revenue realized by LESSEE from operations upon the Demised Premises, including but not limited to: parking fees, gate admissions, all in-park charges (rides, exhibits, shows or other amusements) and/or for other services made available to patrons; also revenues from radio and/or television shows or programs originating from the Demised Premises; motion pictures or other photographic items produced on the Demised Premises; catering of parties and similar activities on the Demised Premises, and fees for rental of area within the Demised Premises for such parties and any other revenue produced from the Demised Premises other than from Gross Receipts from Sales. 3. "Gross Receipts from Sales" shall include the gross revenue from sales of food, beverages, souvenirs, and all other merchandise or commodities on or sold from (such as by means of the Internet) the Demised Premises, whether made or produced thereon or purchased off-site for resale on the Demised Premises. Such commodities also include the sales through vending machines or by concessionaires (limited to those amounts actually paid over to LESSEE). Such Gross Receipts from Sales also shall include the sales of livestock produced by breeding on the Demised Premises but shall be off-set by any portion of such livestock proceeds that are utilized for the transportation or purchase of other animals and/or livestock within twelve (12) calendar months of the actual receipt of such income. In no event will the proceeds of the sale of any livestock or animals which occurs during the Disposition Period (as hereinafter defined in Article 18 be utilized in the calculation of any rent payment due LESSOR. 4. Gross Receipts from Services and Gross Receipts from Sales shall exclude any refunds or cash register adjustments made by LESSEE in the normal course of business, and shall exclude sales and/or other taxes collected by LESSEE from customers or admittees and remitted by LESSEE to the State of Florida. 5. Gross Receipts from Services and Gross Receipts from Sales shall also exclude any revenue derived by LESSEE, in its capacity as a non-profit corporation, resulting from fund-raising efforts attendant to the operation of the Zoo and Gardens provided all such fundraised funds are used solely by LESSEE in the furtherance of the educational, cultural, conservation or public purposes of the Zoo and Gardens such as capital improvement of facilities, exhibits, animal collections, endowments for the upkeep of such additional capital improvements; care and feeding of the animals, protection of the botanical collection and preservation of wildlife habitat, reasonable personnel expenses and administrative costs approved by the LESSEE's Board of Directors. It is understood by LESSEE that LESSOR or its successor in interest, Collier County, shall have no obligation to provide funds and/or any in-kind consideration for the expansion, maintenance, repair, or operation of the Zoo and/or Gardens, or otherwise. 6. Settlements with respect to the percentage rent payments accruing hereunder shall be made one time annually. Settlements shall be made within twenty-one (21) days following the close of either each Lease Year (hereinafter, each Lease Year is defined as the "Operating Period".) Settlements shall be supported by LESSEE's statements of all receipts and revenues for the Operating Period being settled and by copies of the monthly sales tax reports submitted to the State of Florida. If the percentage rent payment calculated at the end of each Operating Period exceeds the monthly Base Rent, LESSEE shall remit such difference to 4 10E LESSOR within ten (10) business days. If the percentage rent payment calculated at the end of each Operating Period is less than the monthly Base Rent, no payment will be due to LESSOR other than the Base Rent. LESSOR's accountants shall have full access, at all reasonable times and places in Naples, Florida, to the books, cash registers and accounts of LESSEE pertaining to the operation of the Demised Premises (including any fundraising) for the purposes of verifying gross receipts and revenues realized by LESSEE. All such items shall be maintained and retained by LESSEE on the Demised Premises. d. LESSOR has the right to review the Base Rent provisions at the end of each five-year period during the Lease Term and each renewal term thereof. If LESSOR determines that the Base Rent is not keeping pace with inflation or the applicable consumer price index, and LESSOR determines in its sole but reasonable discretion that the operation of the Zoo and Gardens is generating sufficiently more revenue than at the commencement of the five year period then just past, LESSOR may increase the Base Rent by no more than the total increase in the applicable consumer price index over the previous five year period. e. It is understood by LESSEE that LESSOR has and will continue, in its determination of Base Rent or any increase in Base Rent, to take into account the benefits provided by LESSEE to the citizens of Collier County and the general public, considered by LESSEE and LESSOR as services in lieu of rent. LESSEE has provided LESSOR with an extensive list of the benefits it has provided to the citizens of Collier County and the general public. LESSEE shall continue to provide the items listed below (1 through 7, inclusive) during the Term of this Lease, except to the extent, if any, that LESSOR may from time-to-time agree only by amendment to this Agreement that the respective benefit can be modified or eliminated. Each such Amendment shall specifically state that it is amending the respective sub-paragraph(s) of Article THREE, paragraph (e) of this Agreement. Those benefits must be continued because each is a material consideration for this Lease. Such benefits, which must meet or exceed the 2005 baseline programs, (unless otherwise modified by agreement of the parties) are the following: (1) LESSEE offers a variety of discounts to local residents. These include opportunities throughout the year such as free admission for children Friday through Monday around school holidays. In addition, the zoo now offers Collier residents (adults and children) completely free admission at least one Saturday per month when entering before 11 a.m. (2) For residents, LESSEE offers a 50% discount on family memberships. The membership includes up to 2 adults and all dependent children living in the same household up to age 21. (3) LESSEE offers complimentary admission and/or deeply discounted rates to various children's groups, Collier County school groups, and County and Municipal parks and recreation programs. (4) LESSEE employs full and part-time employees. Such employees have access to health care benefits paid in whole or in part by LESSEE. A life insurance policy is provided to employees at no charge. Dental insurance is also available through a group plan. Benefit programs for employees will be consistent with the Zoo Industry Standards (as hereinafter defined). (5) LESSEE provides deeply discounted admissions for school children visiting the zoo. The zoo recently dedicated a position to group sales and is enhancing its onsite education to better service the growing need for curriculum-fulfilling field trips. (6) LESSEE also contributes to the local economy by using many local services for construction, printing, and technology. In regard to economic impact, over 70% of zoo visitors in March 2005 came from over 150 miles away including all 50 states and 20 foreign countries thus contributing to the local economy by contributing to overnight stays. (7) Locally, LESSEE will continue to provide an exhibit for best management practices for Backyard Wildlife Habitat to illustrate to guests how they can provide elements beneficial to songbirds, butterflies and other wildlife whether they have a condominium balcony, back lawn, or acres of space. (8)LESSEE will support local and international conservation. LESSEE will promote sustainable practices to its guests and sphere of influence. LESSEE will also cooperate with other conservation organizations to promote like-minded efforts. f. Base Rent will be abated pro-rata for any days that the Zoo and/or Gardens are not open to the public for business as a result of Force Majeure, as defined in Article 19 i. below. Provided, however, 5 10 LESSEE agrees, in the event of a Force Majeure, to work diligently to correct such problem and re-open for business as soon as reasonably possible. ARTICLE 4. Additional Rent (Other Expenses and Charges) This is a Triple Net (Net Net Net) Lease. LESSEE shall pay all costs associated with the Demised Premises including and not limited to, all current and/or future applicable taxes, permits, approvals, licenses necessary for its operation, trash removal services and any and all utility charges. Utility charges shall include and not be limited to electricity, light, heat, air conditioning, power, potable water, irrigation water, sewer and telephone and all other communication services, used, rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 5. Title Matters/Permitted Encumbrances LESSOR has advised LESSEE that as of the Effective Date of this Lease Agreement, the Demised Premises are, and as of the Lease Term Commencement Date, the Demised Premises will be, subject to those matters set forth in Exhibit "B" attached hereto (the "Permitted Encumbrances"). LESSEE will at all times comply with the Permitted Encumbrances in all activities relating to the Zoo and Gardens. In addition, LESSEE takes the Demised Premises subject to, and admits notice of, the existence of any and all water (potable and/or irrigation), wastewater, storm water, sewer, gas, electric and other utility lines, wires and other facilities or capital improvements, whether recorded or unrecorded, located beneath, upon or above the Demised Premises, all of which are deemed to be Permitted Encumbrances. The existence of same will not constitute any breach of covenant on the part of LESSOR, nor will LESSEE be entitled to require the removal of any thereof. LESSOR reserves the right, for itself or any other owner of such utility lines, wires, and other facilities and tangible things, at all times to have reasonable access thereto for the purposes of operation, maintenance, repair, replacement or removal of any thereof; provided, however, that upon completion of any such work for which access is obtained, LESSOR or such other utility owner shall, at no cost to LESSEE, restore the affected improvements and/or surface of the land to substantially the condition in which it or they existed immediately prior to access and work, to the extent that the restoration to such condition is reasonably practicable. If any such work needs to be completed in the area of animal habitats or exhibits, the utility owner will be required by LESSEE, prior to entrance, to strictly abide by any instructions or demands of, and cooperate with, LESSEE with respect to any activity that may disturb the animals. Otherwise, the parties acknowledge that the terms of any existing easement document will govern the activities of such utility owner. ARTICLE 6. Accessibility and Admissions a. Accessibility. LESSEE will operate the Zoo and Gardens at reasonable hours year round excepting historical holidays and forced closures caused by Force Majeure (as defined in Article 19 i. below) with the goal of providing broad access to the Zoo and Gardens for County residents and the general public. b. Admissions. LESSEE will have exclusive authority to set admission fees and other user fees for the Zoo and Gardens and to budget and expend the revenues from such fees. ARTICLE 7. Zoo Operations LESSEE will maintain the Zoo and Gardens as a permanent and general collection of animals and related horticulture as well as the botanical garden collection on the Demised Premises. LESSEE will at all times cause the Zoo and Gardens to be operated in accordance with the following performance standards: a. LESSEE will maintain membership in and accreditation by the American Zoo and Aquarium Association, or its successor or any other national organization having responsibility for the accreditation of zoological facilities ("AZA"). Notwithstanding the foregoing, if such accreditation in such organization is not possible due to requirements that cannot reasonably be met by the Zoo and Gardens (including, for example, the size and areas needed to maintain certain habitats, the requirements to include certain animals that are beyond the financial means to provide (panda environments; elephant herd habitats; penguin or other controlled climate species) LESSEE, in consultation with LESSOR, will determine what other organization governing zoo operations will be the new entity providing certification or accreditation of LESSEE's operation of the Zoo and Gardens. 6 10 b. LESSEE will maintain and operate the Zoo and Gardens in a manner consistent with the then- existing Zoo Industry Standards (as hereinafter defined). LESSEE may, at its discretion, loan any animal for breeding purposes and, further, may dispose of any animal deemed by LESSEE to be surplus. Reports of deceased animals, animals on loan, or animals deemed to be surplus will be kept by LESSEE as part of its animal inventory, available for review upon reasonable prior request by LESSOR. Notwithstanding the foregoing, if such accreditation in such organizations is not possible because of the requirements discussed in Article 7.a. above, the LESSEE and LESSOR will determine reasonable alternative standards for the Zoo maintenance and operation, such as the U.S. Department of Agriculture standards. c. LESSEE will provide non-discriminatory access to the public. d. LESSEE will continue the Zoo and Garden's educational and conservation programming. e. LESSEE will hire and employ such personnel as will, in LESSEE's judgment, be necessary to operate, manage and maintain the Zoo and Gardens in accordance with the provisions of this Lease Agreement. LESSEE will have sole responsibility to determine its policies and practices. f. LESSEE will hold title, or have contractual rights under animal loans, to all existing and future zoo animals for the benefit of the public for scientific, conservation, educational and recreational purposes. LESSEE will, subject to available resources, purchase or otherwise acquire additional animals for the Zoo and Gardens. g. LESSEE will properly care for, feed, supervise and maintain all of the zoological and botanical collection at the Zoo and Gardens in a clean and sanitary condition in accordance with Zoo Industry Standards. h. LESSEE agrees to maintain and preserve (to the extent possible) the historic botanical specimens that remain on the Demised Premises from the original Nehrling collection. The original Nehrling botanical gardens and residence occupied approximately thirteen (13) acres of the Demised Premises (the "Nehrling Area"). The footprint of the Nehrling Area was extensively altered during the ownership by the Fleischmann family by the installation of the paths and the monkey pond. However, some of the original botanical specimens planted by Nehrling have survived and have been maintained by LESSEE. LESSOR agrees that the remaining Nehrling Area will not be designated as an historic preservation site without the consent of LESSEE, which consent will not unreasonably be withheld. Before agreeing to such designation, LESSOR will consider any unreasonable hardship on the operation of the Zoo and Gardens that an historic designation may cause. The parties agree that whether a property is or is not designated as a historical preservation site is not an exercise of LESSOR'S police powers. ARTICLE 8. Maintenance and Repair a. LESSEE shall, at its sole cost and expense, maintain and repair the Demised Premises on a regular basis from time to time in order to always and continuously keep the Zoo and Gardens in good working order, in a safe and orderly condition and in substantial compliance with Zoo Industry Standards (as hereinafter defined). If said Demised Premises are not in such compliance in the reasonable opinion of LESSOR, as LESSOR may be advised by the U.S. Department of Agriculture Inspector, LESSEE will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, LESSOR may cause the same to be corrected and LESSEE shall assume and pay all such reasonable maintenance and repair costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. b. LESSEE, at no cost or expense to LESSOR, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agent(s), independent contractor(s), guest(s), invitee(s), licensee(s), patron(s), and/or trespasser(s). c. "Zoo Industry Standards" refers to the practices, methods, standards, and/or acts that are used by a significant portion of the zoological facilities maintaining accreditation by the AZA (as such facilities may be located in major cities of the United States) in the operation, maintenance, development, redevelopment of zoo facilities and animal collections, and which, in the exercise of reasonable judgment in the light of facts actually known, or reasonably should have been known, at the time a decision was made, would reasonably 1Q E have been expected to accomplish the desired result at lowest reasonable cost, consistent with licensing and regulatory considerations, environmental considerations, reliability, safety and expediency. Zoo Industry Standards are not intended to be limited to the optimum practices, methods, standards or acts, to the exclusion of all others, but rather to be an accepted range of practices, methods, standards or acts employed by constructors, owner, or operators of facilities similar in size, locale and operation characteristics to the Zoo and Gardens. ARTICLE 9. Modifications, Additions,Alterations and Improvements a. Prior to making any significant modifications, additions, alterations, improvements or replacements to or on the Demised Premises or to any existing improvements thereon (significant is defined as projects costing in excess of $25,000 in the aggregate, during any 365-day time frame, to complete; such amount being subject to adjustment based on changes in the Consumer Price Index), LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, modifications, additions and/or replacements to the Demised Premises for LESSOR'S written approval, specifying in writing and in meaningful detail, the nature and extent of the desired alteration, improvement, modification, addition, or replacement, along with the contemplated starting and completion time for each such project. LESSOR or its designee will then have sixty (60) days after receipt of such proposals or plans within which to approve or deny the respective project in writing. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, modifications, additions, or replacements proposed by LESSEE. b. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition, replacement or alteration of any such project, to observe and comply with all then existing applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all other governmental agencies with jurisdiction over such work. c. LESSEE shall pay the entire cost of any new construction upon the Demised Premises or the alteration of any structure, landscaping or impoundment situated thereon, as well as the cost of any equipment required in connection with any operations to be conducted by LESSEE. Prior to any modification, addition, alteration, replacement or improvement to the Demised Premises approved by LESSOR, LESSEE shall provide either (1) reasonable evidence acceptable to LESSOR that LESSEE has available sufficient funds, either on hand, or good faith pledges of contributions and/or grants, to ensure the completion of the proposed project and full and timely payment of debt service and capital expenses or (2) a construction bond in a sufficient sum to cover the costs of the proposed project should LESSEE fail to complete it once started. In addition, prior to undertaking any improvements in excess of $500,000 in hard costs, LESSEE will contractually require the construction contractor(s) to provide separate payment and performance bonds in accordance with then applicable law. d. All alterations, improvements and additions, etc., including non-fixture improvements, to said Demised Premises are and shall continue to be property of LESSEE. Prior to the termination of this Lease or prior to the termination of any renewal term hereof, or the expiration of this Lease, or within thirty (30) days thereafter, if LESSOR so requests, 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. As long as such termination is not due to the default of LESSEE, LESSOR agrees to pay for the greater of (1) costs of removal or (2) the unamortized value of the improvements as set forth in Article 2 d. above. Additionally, if LESSOR wishes the improvements to remain, LESSOR shall reimburse LESSEE for the costs thereof as set forth in Article 2 d. above. e. LESSEE will comply with any and all requirements of the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq., ("ADA"), including, but not limited to, the removal of all structural barriers, the accessibility of programs, services and goods, the provision of all auxiliary aids and services, and the modification of policies, practices and procedures as and when practicable. f. Notwithstanding the foregoing, LESSEE shall be entitled to make the following modifications, additions, alterations, improvements or replacements to or on the Demised Premises or to any existing improvements thereon without prior approval of LESSOR (although notice will be given for informational purposes): 1. those required by the day-to-day operations of the Zoo and/or Gardens; 2. those required by the AZA; 3. those required by emergency situations where the time required for approval by LESSOR could 8 1OE endanger the well-being of the Zoo animals and/or employees, invitees, patrons or guests; and/or 4. all other modifications, additions, alterations, improvements or replacements to or on the Demised Premises or to any existing improvements thereon which do not, in the aggregate, cost more than $25,000 in any 365-day time frame to complete (such amount being subject to adjustment periodically based upon changes in the Consumer Price Index for Southwest Florida). ARTICLE 10. Extent of Liens LESSEE is required to and shall keep the Demised Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by or for LESSEE and any other liens and/or any other encumbrance(s) placed thereon during the term of this Lease, or any extensions hereof. All individuals and/or entities to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on any interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 11. Casualty and Condemnation a. Casualty. If the Zoo and/or Gardens are destroyed, rendered substantially untenantable, or damaged to any material extent, as reasonably determined by LESSEE and LESSOR, by fire or other casualty, and LESSEE elects not to repair or replace the improvements or personal property, then LESSEE or LESSOR may terminate this Lease Agreement by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of LESSOR and LESSEE. During the period between the date of such casualty and the date of termination, LESSEE will close the Zoo and Gardens or affected portions thereof as may be necessary or appropriate to protect the health and safety of the patrons and/or visitors to the Zoo and/or Gardens and of the Zoo animals. If this Lease Agreement is not terminated as set forth herein, or if the Zoo and/or Gardens are damaged to a less than material extent, as reasonably determined by LESSEE and LESSOR, LESSEE will proceed with reasonable diligence, at no cost or expense to LESSOR, to rebuild and repair the Zoo and/or Gardens to substantially the condition as existed prior to the casualty. Notwithstanding any such termination, LESSEE shall have the two-year Disposition Period (as defined in Article 18 below) to remove its animals and any personal property, understanding that such relocation will take longer than 90 days. b. Condemnation. Promptly upon becoming aware of the commencement of any effort to acquire any part of the Demised Premises by a condemning authority, LESSOR will give notice to LESSEE thereof. If all or a substantial part (as reasonably determined by LESSOR and LESSEE) of the Zoo and Gardens are taken through a condemnation, then LESSEE or LESSOR may terminate this Lease Agreement by giving notice to the other party hereto within sixty (60) days after the date LESSOR is served with condemnation pleadings. If this Lease Agreement is so terminated, all compensation awarded for any condemnation of the Zoo and/or Gardens will be allocated between LESSEE and LESSOR, as their interests may then appear and be valued by the condemning authority or by jury. If this Lease is not so terminated as provided above, the portion of compensation awarded for the part of the land taken will be the property of LESSOR and the portion of compensation awarded for the part of the leasehold, improvements, fixtures, or personal property of LESSEE shall be paid over to LESSEE for the restoration of the remaining portion of the Zoo and/or Gardens. ARTICLE 12. Access to Demised Premises LESSOR, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof during business hours, or such other times with the consent of LESSEE, to inspect the Zoo and/or Gardens and/or to verify compliance with the terms of this Lease Agreement and/or for the purpose of examining the same and making any required repairs not being timely completed by LESSEE, as more particularly described in ARTICLE 8, above. LESSOR appoints Collier County's Real Estate Services Department's Property Manager as the authorized agent who will have the specific responsibility as LESSEE's primary contact person for matters under this Lease Agreement. LESSEE appoints its Executive Director and the President of LESSEE's Board of Directors (or their successors or designees) as the designated agents for 9 E LESSEE. LESSEE agrees to provide reasonable advance notice by telephone or e-mail to LESSOR's representative to LESSEE's Board of Board meetings. ARTICLE 13. Assignment and Subletting a. LESSEE shall not assign this Lease Agreement nor attempt to sublet the whole or any part of the Demised Premises, or permit any other person(s) to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent and/or other sums herein provided or from the obligation to keep and be bound by this Lease Agreement, unless expressly released from this Lease Agreement in writing by LESSOR. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease, or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be void ab initio. LESSEE's contracts and occupancy agreements with concessionaires on the Demised Premises will not be deemed to be assignments or subleases of this Lease Agreement and are not prohibited by this Article. The words "assign" or "sublet" include any transfer of any type or description whatsoever. No such transfer shall be a novation unless a novation is expressly agreed to by LESSOR. b. LESSOR is specifically authorized and permitted to assign this Lease Agreement and its interest as landlord under this Lease Agreement to Collier County or any other agency of the County. After such assignment, the Trust for Public Land will be released from all liability arising after the date of the assignment. c. LESSEE is specifically authorized and permitted to license portions of the Demised Premises to vendors servicing the Demised Premises and other organizations such as conservation groups and federal programs involved in the restoration of certain plant species and/or wildlife. d. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. ARTICLE 14. INDEMNITY AND DEFENSE OF CLAIMS a. IN CONSIDERATION OF TEN DOLLARS ($10.00), THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LESSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS LESSOR, ITS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY (STATUTORY OR OTHERWISE), DAMAGES, CLAIMS, SUITS, DEMANDS, JUDGMENTS, COSTS, INTEREST AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND DISBURSEMENTS BOTH AT TRIAL AND ALL APPELLATE LEVELS) ARISING, DIRECTLY OR INDIRECTLY,FROM ANY INJURY TO, OR DEATH OF, ANY PERSON OR PERSONS OR DAMAGE TO PROPERTY (INCLUDING LOSS OF USE THEREOF) RELATED TO (A) LESSEE'S USE OF THE DEMISED PREMISES, (B) ANY WORK OR THING WHATSOEVER DONE, OR ANY CONDITION CREATED (OTHER THAN BY LESSOR, ITS EMPLOYEES, AGENTS OF CONTRACTORS) BY OR ON BEHALF OF LESSEE IN OR ABOUT THE DEMISED PREMISES, (C) ANY CONDITION OF THE DEMISED PREMISES DUE TO OR RESULTING FROM ANY ACTION OR INACTION BY LESSEE IN THE PERFORMANCE OF LESSEE'S OBLIGATIONS UNDER THIS LEASE AGREEMENT OR OTHERWISE, (D) ANY ACT, OMISSION OR NEGLIGENCE OF LESSEE OR ITS AGENTS, CONTRACTORS, EMPLOYERS, SUBTENANTS, LICENSEES OR INVITEES OR (E) AS A RESULT OF THE PRESENCE OF HAZARDOUS MATERIALS ON THE DEMISED PREMISES IN VIOLATION OF ARTICLE 20 HEREUNDER. b. LESSOR SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO PERSON OR PROPERTY CAUSED BY THE ELEMENTS OR BY ANY OTHER PERSONS IN THE DEMISED PREMISES, OR FROM THE STREET OR SUB-SURFACE, OR FROM ANY OTHER PLACE, OR FOR ANY INTERFERENCE CAUSED BY OPERATIONS BY OR FOR A GOVERNMENTAL AUTHORITY IN CONSTRUCTION OF ANY PUBLIC OR QUASI-PUBLIC WORKS OR OTHERWISE. c. LESSOR SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR LOSS OF, INCLUDING LOSS DUE TO THEFT, ANY PROPERTY, OCCURRING ON THE DEMISED PREMISES OR ANY PART THEREOF, AND LESSEE AGREES TO HOLD LESSOR HARMLESS FROM ANY CLAIMS FOR 10 1OE DAMAGES, EXEPT WHERE SUCH DAMAGE OR INJURY IS THE RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSOR OR ITS OFFICERS, EMPLOYEES OR AGENTS, ALL OF WHOM WHILE ACTING WITHIN THE SCOPE OF THEIR RESPECTIVE AUTHORITY. d. In case any action or proceeding is brought against LESSOR by reason of any one or more of such indemnified claims, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. It is specifically agreed however, that LESSOR may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. e. In no event will any elected official or employee of the County or any director, officer or employee of LESSOR have any personal liability for actions taken by such individual in good faith in the course of carrying out his or her responsibilities on behalf of the County, or LESSOR, pursuant to this Lease Agreement. ARTICLE 15. Insurance a. LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved in writing by LESSOR and the Collier County Risk Management Department, for not less than Three Million Dollars and No/Cents ($3,000,000.00) combined single limits during the term of this Lease Agreement. If such amounts are less than the Zoo Industry Standards or good insurance industry practice would require, LESSOR reserves the right to increase these insurance limits by providing LESSEE with at least sixty (60) days' advance notice to do so. b. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) per each accident. If such amounts are less than the Zoo Industry Standards or good insurance industry practice would require, LESSOR reserves the right to increase these insurance limits by providing LESSEE with at least sixty (60) days' advance notice to do so. c. LESSEE shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Demised Premises and all of LESSEE's property located on or in the Demised Premises including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by LESSEE in the course of its performance under this Lease Agreement, including Employer's Non-Ownership and Hired Auto Coverage, each said policy in amounts of $1,000,000 combined single limit per occurrence. If such amounts are less than the Zoo Industry Standards or good insurance practice would require, LESSOR reserves the right to increase these insurance limits by providing LESSEE with at least sixty (60) days' advance notice to do so. e. Automobile Physical Damage Insurance covering all vehicles used on or about the Zoo and Gardens and all of LESSEE's other owned or leased vehicles for Collision and Other Than Collision Perils within a maximum deductible of$1,000 per accident. f. All of the above-described insurance policy(ies) shall list and continuously maintain LESSOR, as well as its Officers, employees, representatives and agents, as additional insureds thereon. Evidence of such insurance shall be provided to LESSOR and the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to LESSOR in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than the Zoo Industry Standards or good insurance practice would require, LESSOR reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a certificate of authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain 11 0 an endorsement to the effect that the issuer waives any claim or right of subrogation to recover ainst LESSOR, its employees, representatives and agents. g. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Lease and LESSOR shall have the remedies set forth below in Article 16. ARTICLE 16. Defaults and Remedies a. Defaults by LESSEE. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by LESSEE" to the greatest extent then allowed by law: 1. Abandonment of Demised Premises or discontinuation of LESSEE'S operation. 2. Falsification of LESSEE or a specifically authorized agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease Agreement. 3. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. 4. Adjudication as bankrupt. 5. Making of a general assignment of the benefit of creditors. 6. If LESSEE suffers this Lease to be taken under any writ of execution and/or other process of law or equity. 7. LESSEE loses the AZA accreditation for the Zoo, and such accreditation is not restored within two (2) years or such additional time as may be required if such accreditation is being diligently pursued by LESSEE. Notwithstanding the foregoing, to the extent that such loss of accreditation results from requirements of the AZA that are unreasonable or financially impracticable for LESSEE to comply with, it shall not be a default hereunder to lose such accreditation. 8. Any lien is filed against the Demised Premises or LESSEE's interest therein or any part thereof in violation of this Lease Agreement, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period LESSEE is contesting in good faith the validity of such lien and such lien is appropriately bonded. 9. Failure of LESSEE to perform or comply with any covenant or condition made under this Lease Agreement, which failure is not cured within ninety (90) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby LESSOR may, at its option, terminate this Lease by giving LESSEE.,thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by I ESSOR as being reasonably required to correct such default). However, the occurrence of any of the events set forth above as 16 (a). 1 through 6 shall constitute a material breach and default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law. Notwithstanding the foregoing termination of the Lease Agreement, LESSEE shall have the Disposition Period (as herein defined) to remove the Zoo animals and other property of I ESSEE from the Demised Premises; the parties understanding that the relocation of Zoo animals may take significant time to safely accomplish. 10. LESSEE's loss of its federal IRS tax exempt status. 11. Failure to continue those programs set forth in Article 3 e 1-7 above, unless such failure is cured within ninety (90) days from receipt of LESSOR's written notice of default. b. Remedies of LESSOR. 12 1 1. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 16, L S , in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Demised Premises, provided such entering and removal is not detrimental to the welfare of the zoo animals. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If LESSEE does not cure the defaults in the time frames as set forth above, and LESSOR has removed and stored property, LESSOR shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and LESSOR shall dispose of such property in any manner it so chooses and shall not be liable to LESSEE for such disposal. 2. If LESSEE fails to promptly pay, when due, any full installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5%) percent of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by LESSEE to LESSOR. Notwithstanding the foregoing, if such payment is delayed due to acts of god (hurricanes, flooding, wind storms etc.), it shall not be a default hereunder for such delay nor shall Default Rate interest accrue. 3. LESSOR may sue for direct, actual damages arising out of such Default of LESSEE or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of LESSEE under this Lease Agreement, or otherwise. c. Default by LESSOR. LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein, in LESSEE's judgment or opinion, LESSOR has failed to perform any such obligation(s). d. Remedies of LESSEE. 1. LESSEE may sue for direct, actual damages arising out of such Default by LESSOR or for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of LESSOR under this Lease Agreement, or otherwise. 2. LESSEE may cure such Default of LESSOR and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of LESSOR. LESSOR will pay LESSEE on demand all reasonable costs incurred and any amounts so paid by LESSEE on behalf of LESSOR, together with interest accrued thereon at the Default Rate from the date so incurred until LESSEE has been completely reimbursed. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease Agreement or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non-Waiver. Every provision hereof imposing an obligation upon LESSEE is a material inducement and consideration for the execution of this Agreement by LESSEE and LESSOR. No waiver by LESSEE or LESSOR of any breach of any provision of this Lease Agreement will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. g. Attorneys' Fees. In the event of any litigation, including appellate proceedings, arising out of a default under this Agreement, the prevailing party shall not be entitled to recover any attorney's fees nor any costs from the non-prevailing party or otherwise (consistent with Article 26 below). ARTICLE 17. Notices 13 1OE a. 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, transmitted or addressed as follows: If to LESSOR: The Trust for Public Land 1595 Bay Street SE, Suite#3 St. Petersburg, FL 33701 Attn: John Garrison, Project Manager Telephone: (727) 895-5090 Fax No.: (727) 895-5190 With a copy to: Donna H. Smith Regional Counsel The Trust for Public Land 4267 NW Federal Highway, PMB 120 Jensen Beach, FL 34957 Telephone (772) 335-3520 Fax No.: (772) 335-1438 If to LESSEE: Naples Zoo, Inc. 1590 Goodlette-Frank Road Naples, Florida 34102 Attn: Executive Director Telephone: (239) 262-5409 x. 107 Fax No.: (239) 262-6866 With a copy to: Naples Zoo, Inc. 1590 Goodlette-Frank Road Naples,Florida 34102 Attn: President of Naples Zoo, Inc. Board Telephone: (239) 262-5409 x. 107 Fax No.: (239) 262-6866 With a copy to: Scott M. Ketchum, Esquire Law Offices of Scott M. Ketchum, P.A. 692 Goodlette Road N Naples,FL 34102 Telephone: (239) 403-0148 Fax No.: (239) 403-0965 b. The facsimile numbers and addresses 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 facsimile numbers or addressees only, unless and until such written notice is received by the recipient party, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. ARTICLE 18 Surrender of Demised Premises In order to provide for the orderly transition and reconveyance of the Demised Premises to LESSOR, LESSEE, at no cost to LESSOR, shall remove all furniture, fixtures, personal property, including all Zoo animals and any improvements completed by LESSEE (that LESSOR gives notice that it wishes demolished) prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or earlier termination, in as safe and orderly a condition and in good repair as the same shall be at the commencement of the term of this Lease Agreement 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. Notwithstanding the foregoing, understanding that a zoo operation cannot be removed without a significant period of time, the parties hereto agree that the disposition period (the "Disposition Period") for the orderly and safe removal of 14 n the zoo animals and fixtures will be a period to or or t of two (2) years from the time of any o q last two (2) years of any term of this Lease. The parties further agree that during the Disposition Period, LESSEE shall pay percentage rent only, not Base Rent. ARTICLE 19. General Provisions a. Rights not specifically granted the LESSEE by this Lease Agreement are reserved to the LESSOR. b. NET, NET, NET LEASE. LESSEE shall promptly pay any and all sales taxes, licenses, permits, assessments and fees, taxes upon LESSEE's operations, and taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law, as well as any and all other taxes legally assessed. LESSOR acknowledges that LESSEE is a not for profit entity designated as 501(c) (3) by the Internal Revenue Service. As a not for profit federal income tax exempt entity, LESSEE may be exempt from the imposition of taxes on the leasehold interest. To the extent that LESSOR is then exempt from the payment of real property taxes on the underlying fee, LESSEE shall have no obligation to pay real property taxes. However, if the form of ad valorem taxes is changed by any law and LESSOR is then required to pay such taxes on the leasehold interest, such taxes will be paid by LESSEE as part of its triple net lease obligations hereunder. 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 and/or LESSEE'S use and or possession of said leasehold interest in the Demised Premises. d. Time is of the Essence. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease Agreement by LESSOR and LESSEE. e. Severability. If any provision of this Lease Agreement is held to be unlawful, invalid, or unenforceable under any present or future laws, such provision will be fully severable, and this Lease Agreement will then be construed and enforced as if such unlawful, invalid or unenforceable provision had not been a part hereof. The remaining provisions of this Lease Agreement will remain in full force and effect and will not be affected by such unlawful, invalid or unenforceable provision or by its severance herefrom. f. Estoppel Certificates. Within fifteen (15) days after notice by one party to the other, the party receiving notice will execute and deliver such estoppel certificates as the requesting party may reasonably require, which may be relied upon by the requesting party, financing party, or any other third party designated by the requesting party, certifying to such facts (if and to the extent true) and agreeing to such reasonable notice provisions and other matters as such requesting party or such other third party may reasonably require in connection with the business dealings of the requesting party. g. Independent Contractor. LESSEE is an independent contractor, and not any agent or representative or employee of LESSOR, nor of any Officer or employee of LESSOR. LESSEE expressly covenants and agrees that during the term of this Lease Agreement neither LESSEE, nor anyone acting on behalf of LESSEE, shall hold itself out as an employee, servant, representative or agent of LESSOR. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party, except as expressly provided in this Lease Agreement with respect to subleases and occupancy agreements for concessions in the Zoo and/or Gardens. No third party is intended by the parties to be a beneficiary of this Lease Agreement or to have any rights to enforce this Lease Agreement against either party hereto or otherwise. Nothing contained in this Lease Agreement will constitute the parties as partners or joint venturers for any purpose, it being the express intention of the parties that no such partnership or joint venture exists or will exist. LESSEE acknowledges that LESSOR is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that LESSOR excludes LESSEE and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. h. Entire Agreement/Amendments. This Lease Agreement constitutes the entire agreement between the parties as to the subject matter hereof. This Lease Agreement will not be modified, altered or amended except by written instrument duly executed by both LESSEE and LESSOR. 15 E i. Force Majeure. Neither party to this Lease Agreement will be liable for any delay in the performance of any obligation under this Lease Agreement or of any inability to perform an obligation under this Lease Agreement if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, the binding order of any governmental authority, unavailability of supplies or products necessary for the operation of the Zoo and Gardens, and/or failure of equipment not utilized or under the control of either party hereto, provided that such equipment has been designed, constructed, operated and maintained in accordance with prudent operating practice and Zoo Industry Standards. j. Memorandum of Lease. LESSEE will have the right to record a memorandum of this Lease Agreement in the real property records of Collier County, Florida. k. Quiet Enjoyment. LESSOR covenants, warrants and represents that it has the full right and power, subject to the Permitted Encumbrances, to execute this Lease Agreement and to grant the estate demised herein, and that LESSEE, on paying the rent herein reserved and performing the covenants and agreements herein contained to be performed by LESSEE, shall peaceably and quietly have, hold and enjoy the Demised Premises and all rights and privileges belonging or pertaining thereto during the Lease Term, as it may be extended. 1. Throughout this Lease, the words "law", "rule" and/or "regulation" or similar words shall not be limited to items that are so defined, but shall apply to and include any such thing that legally applies, including ordinances and codes. m. Throughout this Lease, a list of nouns (for example: "employee", "servant", "representative", and/ or "agent" shall not be construed to be limited to the listed nouns, but shall include any individual whomsoever and/or entity whatsoever to which the sentence or phrase could logically apply. ARTICLE 20. Environmental Matters a. Restrictions on Hazardous Materials. LESSEE will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials (hereinafter defined)upon or about the Demised Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, materialmen and/or suppliers to engage in such activities upon or about the Demised Premises. However, the foregoing provisions will not prohibit the transportation to and from, and use, storage, maintenance and handling, within the Demised Premises of substances customarily used in owning, managing, repairing or operating similar premises devoted to uses authorized by this Lease; provided (i) such substances will be used and maintained only in such quantities as are reasonably necessary and in accordance with all then applicable laws, rules and/or regulations, and the manufacturers' instructions therefore, and (ii) such substances will be disposed of, released or discharged at the Demised Premises in compliance with all then applicable laws, rules and/or regulations, and will be transported to and from the Demised Premises in compliance with all of the same. b. Environmental Notices. Each party will promptly notify the other party upon the notifying party's becoming aware of: (i) any enforcement, cleanup, or other regulatory action taken or threatened against either party by any governmental or regulatory body with respect to the presence of any Hazardous Material on or otherwise regarding the Demised Premises, (ii) any demands or claims made or threatened by any individual or entity against LESSOR or LESSEE relating to any Hazardous Materials, (iii) any unlawful release, discharge or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Demised Premises, and (iv) any matters where a party hereto is required by law, rule and/or regulation to give a notice to any governmental or regulatory body respecting any Hazardous Materials in the building(s) or on the Demised Premises. At such times as LESSOR may reasonably request, LESSEE will provide LESSOR with a written list identifying any Hazardous Materials then actually known to LESSEE to be used, stored, or maintained upon the Demised Premises, a copy of any MSDS issued by the manufacturer thereof, written information concerning the removal, transportation and disposal of the same, and other information as LESSOR may reasonably require or as may be required by laws. 16 c. Remediation. If any Hazardous Material is released, discharged or disposed of by LESSEE, or its employees, agents or contractors, etc., on or about the Demised Premises in violation of the foregoing provisions, or otherwise, LESSEE will immediately, properly and in compliance with all applicable laws and ordinances, remediate the Hazardous Material on the Demised Premises and any other affected property, at LESSEE's sole expense. Such remediation work will be subject to LESSOR's prior written approval, and will include, without limitation, any testing, investigation and/or preparation and implementation of any remedial plan required by any governmental body having jurisdiction. If LESSEE fails to comply with the provisions of this Article 20 within five (5) days after written notice by LESSOR, or such shorter time as may be required by law, LESSOR may (but will not be obligated to) arrange for such compliance through contractors or other parties selected by LESSOR, at LESSEE's expense. d. Definition of Hazardous Material. Hazardous Material means any substance: i.) the presence of which requires investigation, remediation, or is, or becomes regulated under any federal, state or local statute, regulation, ordinance, order, action, policy, or common law; or ii.) which is or becomes defined as a "hazardous substance," pollutant, or contaminant under any federal, state, or local statute, regulation, rule, or contaminant under any federal, state, or local statute, regulation, rule, or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.) and/or the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.); or iii.) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, or poses, or threatens to pose a hazard to the health or safety of persons on or about the Demised Premises, and is or becomes regulated by any governmental authority, agency, department, commission, board, or instrumentality of the United States, the State in which the Demised Premises are located or any political subdivision thereof. e. Environmental Indemnity. In accordance with the provisions of ARTICLE 14 hereof, LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees and all appeals) 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 harm to the environment associated with the Demised Premises. This applies to any contamination that arises from any and all environmental testing whatsoever done on the Demised Premises. ARTICLE 21. 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 22. Security Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. ARTICLE 23. Non-Discrimination/Equal Opportunity a. LESSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race, color or national origin discriminate or permit discrimination against any individual or group of individuals in any manner prohibited by Part 21 of the Rules and Regulations of the Secretary of 17 R Transportation. LESSOR is hereby g ranted the right to take such action, anything to the contrary ein notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. b. LESSEE assures that it will undertake an affirmative action program as required by 14 CFT Park 152, Subpart "E", to insure that no person shall on the grounds or race, creed, color, nation origin or sex be excluded from participating in any employment activities covered in 14 CFT Park 152, Subpart "E". LESSEE assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Subpart. c. LESSEE assures that it will require its covered suborganizations, if any, to provide assurances to LESSEE that it similarly will undertake affirmative action programs and that it will require assurances from its suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. LESSOR is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the Federal Government may direct to enforce this nondiscrimination covenant. d. To the maximum extent permitted by applicable laws, LESSEE shall, in the conduct of its business, comply with Collier County's and the State's minority, women, disadvantaged business enterprise policies from time to time in effect. ARTICLE 24. Interest of Members of Political Subdivision. No member of the governing body of the City of Naples or Collier County or any political subdivision of the State of Florida and no other officer, employee or agent of the City, County or any political subdivision of the State of Florida who exercises any functions or responsibilities in connection with the carrying out of the establishment and operation of the Zoo and/or Gardens to which this Lease Agreement pertains shall have any personal interest, direct or indirect, in this Lease Agreement. ARTICLE 25. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 26. Governing Law and Venue This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida. Any lawsuit or other action to enforce any provision of this Lease shall be filed in the Circuit Court in and for the County of Collier, Florida and each party shall be responsible to pay its own costs and attorney's fees resulting therefrom and the costs of any and all appeals. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSOR: LESSOR: THE TRUST FOR PUBLIC LAND, A California not-for-•rofit Corporate FIR NESS (signature) •B �.� - All I 1 4�L V I V l` - t b�aN\S. it e: F L-0 SI'At'� ^��2e c ro 2 (printe of first witness) Date:/,_/9 , 2005 .um 4 S A SECOND WITNESS (signature) L )) f) t4 avuxt± (print name of second witness) 18 E AS TO LESSEE: LESSEE: NAPLES ZOO, INC., a Florida not-for-profit Corporatio• .x� By: !er FIRST WITNESS (signature) Name:V 'J19 %BP""� Title: e,egc p(r? 1�c�.1'1!SG e►'�c� I ncL. Date: DK , 2005 (print name of first witness) SECOND WITNESS (signature) wc:-/7e 'c k1 S (print name of second witness) 19 40E Exhibit "A" Description of Total Property Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida; and All that part of Lot 9 of Naples Improvement Company's Little Farms Subdivision, lying south of Golden Gate Parkway, recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; and The East 564 feet of the West 1,184 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision, less road right-of-way granted in Official Records Book 876, Page 1,718, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County,Florida; and The East 470 feet of the West 1,654 feet of Lot 8 of Naples Improvement Company's Little Farms Subdivision recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; and All of Lot 8 of Naples Improvement Company's Little Farms Subdivision, except the West 1,654 feet, according to the plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; the East and West boundary lines of said Parcel being measured from the West line of said Lot 8 (said West line of Lot 8 lying 25.00 feet East of the North and South 1/4 Section line of Section 27, Township 49 South, Range 25 East, Collier County, Florida; and The East 338.24 feet of the West 958.34 feet of Lot 7 of Naples Improvement Company's Little Farms Subdivision, per Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded to the Board of County Commissioners of Collier County, Florida described as : Commence at the Northwest corner of said Lot 7; thence North 89° 17' 39" East along the North line of said Lot 7 for a distance of 620.00 feet to the Point of Beginning; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26° 13' 03"; thence continue Southwesterly along said curve an arc distance of 51.30 feet to a point; thence North 00° 39' 49"West 30 feet to the Point of Beginning. North 1/2 of Lot 7, less the West 1,288.34 feet of Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; and Lots 3, 4 and 5 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power &Light Company relating to said Lot 6: (a) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 397 of said Public Records. Less and except the following described property: That part of Lot 3 of Naples Improvement Company's Little Farms Subdivision, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; thence along the South Line of said Section North 89° 26' 09" East 753.94 feet to a point; thence South 0° 21' 55" East 334.85 feet to a concrete monument on the South line of said Lot #3 and the Point of Beginning of the described line; thence along said described line and the Westerly boundary of the herein described parcel North 0° 21' 55" West 211.15 feet to a concrete monument at the Northwest corner of said described Parcel; thence along said described line and the Northerly boundary of said described parcel North 89° 38' 05" East 729.90 feet to a concrete monument; thence continue North 89° 38' 05" East 13 feet, more or less, to the Easterly boundary of Lot 3 of 20 1OE Naples Improvement Company's Little Farms Subdivision and the Point of Ending of said described Line. The Westerly 1 of Lot 39 and Lot 40, Gordon River Homes Subdivision, Lots 41, 42, and 43 and the East 45 feet of Lot 44, Gordon River Homes Subdivision, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 84, in the Public Records of Collier County, Florida; and Lot 2 of Naples Improvement Company's Little Farms Subdivision, except area described in Deed Book 22, Page 393, Public Records of Collier County, Florida, and less West 25 feet and right-of-way located in Collier County, Florida, and except parcel deeded to Collier County Conservancy, Inc., as Parcel 2 in Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; and All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida; and In North '/ of North '/ of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the Section and run East 1,398.25 feet; thence South 64° West 1,555.06 feet; thence North 664.01 feet to the place of beginning, Collier County, Florida; and Lot 6 of Naples Improvement Company's Little Farms Subdivision; less additional road right-of-way for Goodlette-Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida; and A lot or parcel of land lying in Lot 2 of Naples Improvement Company's Little Farms Subdivision,per plat in Plat Book 2, Page 2,Public Records of Collier County,Florida, which lot is described as follows: Beginning at a point on the South line of said Lot 2, which point is the Northwest corner of Lot 50 of Gordon River Homes Subdivision per Plat in Plat Book 2, Page 84, Public Records of Collier County, Florida, run Northerly parallel to the West line of said Lot 2 for 217.5 feet; thence run Easterly parallel to the South line of said Lot for 180 feet; thence run Southerly parallel to West line of said Lot for 217.5 feet to South line of said Lot; thence run Westerly along said South line for 180 feet to Point of Beginning. Being the same premises conveyed by deed recorded in Deed Book 22, Page 393, Public Records of Collier County,Florida; less the West 40 feet thereof, and less road right-of-way for Goodlette-Frank Road. 21 1 Exhibit "A-1" u C Description of Demised Premises Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida; and, Lot 3 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida; less and except the South 311.25 feet thereof; and All of Lots 4 and 5 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County,Florida; and, Lot 6, Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, less and except the following described property: Beginning at the Northwest corner of said Lot 6, run South along the West line of said Lot 6 for 60 feet; thence run East parallel with the North lot line of said Lot 6 for 983 feet; thence run South parallel with the West line of said Lot 6 for 220 feet, more or less, to a line parallel with and 50 feet (measured at right angles) North of the South line of said Lot 6; thence run East parallel with said south line for 717 feet, more or less, to the waters of Gordon River Canal; thence run Northeasterly for 280 feet, more or less, along the waters of said Canal to the North line of the said Lot 6; thence run West along the said North line of Lot 6 for 1,697 feet, more or less, to the point of beginning. Subject to a reservation, herein reserved by this provision, for an easement to Collier County, its officers, employees, agents, and/contractors, and the public for (1) construction of a road from the intersection of Fleischmann Blvd. and Goodlette-Frank Road northerly along the westerly property line of the Demised Premises, and a bus turnaround for use by the LESSEE within the LESSEE's primary existing parking lot; and (2) ingress and egress over the roadways of the LESSEE so that all individuals who reasonably then need such access will have the needed access to the Gordon River and adjoining lands and/or as otherwise from time-to-time needed. This reservation shall be treated for all purposes as if existing within the text of the Lease agreement. 22 Exhibit A-2 1 0 E Description of Shared Parking Area The South 311.25 feet of the West 440 feet of Naples Improvement Company's Little Farms, as measured along the South line of said Lot 3, according to the plat thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida. 23 0 E Attorneys' Title Insurance Fund, Inc. COMMITMENT FORM Schedule B-H Commitment No.: Agent's File Reference: C-2885654 9418-TPL-CC II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Underwriter: 1. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) insured hereunder (where the liens would otherwise take priority, submission of waivers is necessary). 3: Any owner iccued pursuant-hereto will-eon -under-Schedule-B-the-fallowing exception:— Any adverse owner•,ship-claim- y-the State-ef Florida-!}y right-ef sovereignty-4e any-portion-of-the lands insured hereunder,- o • .DELETED. 4. The lien of all taxes for the year 2005 and thereafter. Taxes for 2006 will become a lien against the land as of January 1,2006, although not due and payable until November 1, 2006. Taxes for 2005 are due and payable in the following amounts: $-0-(Folio No. 17830000027);$8,003.30(Folio No.61940280000);$135,122.64(Folio No. 61940200006);$559.60(Folio No.61947800001);and$4,129.72(Folio No.61940320009). 5. Rights of parties in possession of that leased portion of the insured property commonly known as "Jungle Larry's" under unrecorded Lease Agreements and all sublessees thereof, including without limitation rights under Memorandum of Lease recorded in O.R.Book 2893,Page 916,Public Records of Collier County,Florida. 6. Riparian and littoral rights are not insured 7. This policy excludes from coverage the inalienable rights of the public to use the navigable waters covering or adjacent to the lands 8. This policy does not insure any portion of the insured parcel lying waterward of the mean-high water line of the Gordon River or Golden Gate Canal 9. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Naples Improvement Company's Little Farms,as recorded in Plat Book 2,Page 2,Public Records of Collier County,Florida. 10. Easement in favor of Florida Power&Light Company, contained in instrument recorded November 14, 1953,Deed Book 30,Page 393 as subordinated at O.R.Book 246,Page 59,Public Records of Collier County,Florida. 11. Easement in favor of Florida Power&Light Company,contained in instrument recorded November 14, 1953,Deed Book 30,Page 395,Public Records of Collier County,Florida. 12. Easement in favor of Florida Power&Light Company,contained in instrument recorded November 14, 1953,Deed Book 30,Page 397,Public Records of Collier County,Florida. 13. Easement in favor of Florida Power&Light Company, contained in instrument recorded June 21, 1960,O.R.Book 66,Page 301,Public Records of Collier County,Florida. 14. Easement in favor of Florida Power & Light Company, contained in instrument recorded Augsut 22, 1967, O.R. Book 244,Page 631,Public Records of Collier County,Florida. 15. Easement in favor of Collier County, contained in instrument recorded September 12, 1985, Q.R.Book 1155, Page 233,Public Records of Collier County,Florida. 16. Easement in favor of Collier County,contained in instrument recorded April 28, 1995, O.R.Book 2053,Page 1696 as corrected and re-recorded at O.R.Book 2098,Page 1826,Public Records of Collier County,Florida. 17. Right of Entry recorded in O.K.Book 2999,Page 3091,Public Records of Collier County,Florida. Form C-SCH.1d-11 (rev.5/94) DoubteTime® n E Attorneys' Title Insurance Fund,Inc. COMMITMENT FORM Schedule B-II (Continued) Commitment No.: Agent's File Reference: C-2885654 9418-TPL-CC 18. Resolution No.89-5753 recorded in O.R.Book 1603,Page 1508,Public Records of Collier County,Florida. 19. Subject to Right-of-Way Deed recorded in O.R.Book 66,Page 432,Public Records of Collier County,Florida. 20. Order of Taking recorded in O.R.Book 2735,Page 1135,Public Records of Collier County,Florida. 21. Easement in favor of Florida Power& Light Company, contained in instrument recorded September 9, 1980,O.R. Book 882,Page 1123,Public Records of Collier County,Florida. 22. Any lien provided by County Ordinance or by Ch. 159,F.S.,in favor of any city,town,village or port authority,for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein;and any lien for west fees in favor of any county or municipality. 23. Any rights in favor of third parties arising from the following matters of survey as depicted on WilsonMiller survey dated July 6,2004,revised August 15,2005,and bearing File No.4G-125A: Guy wire anchors,traffic signal poles, and utility poles located along the Western boundary of the insured property outside of any easement area. Note:The gap and standard exceptions, except the standard exception pertaining to ad valorem taxes for the current and subsequent years,will be deleted upon the receipt of a current survey and owner's gap affidavit acceptable to the company. Note: Standard exceptions for matters of survey will not be deleted from the policy to be issued with respect to Parcel 16. Note: Notwithstanding Exception No. 1, this commitment provides the gap coverage set forth in Florida Statutes 627.7841 (Gap Statute)under the circumstances set forth in that statute,provided the insurer is allowed to disburse and record. 2'l \c,S S cast ti.e - �—(ea 4 -� k ..-.C-kr Cr y v C.h G..c i 01 t U( i A�r Fore:C-SCN.B-!I(Continued) (rev.5/94) DoubleTime® k� .pPLFS c �.luv rnr. cri.r 1z BILL BARNETT MAYOR November 14, 2005 /3C�. �7 I r //5-/06 CR �c Your consideration of this request is greatly appreciated. Sincerely, )9 1 §1 Bill Barnett Mayor 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 TELEPHONE (239) 213 -1000 FAX(239)2t3-1010 CELL (239) 450 -0045 EMAIL: MayorNaples@aol.com HOME FAX (239) 417 -5883 Z c� N r W i N ml Z D v, sc D w ^ � y r T T 0 � � ma'0 3 � = N = N � N � 3 OCR 'd ".-: Wat *r LaVai Contours In Nat NGS Scale N o iooao xa000 „ ,'.� Greg F.RmvL Pa Figure 33 - SuAfcial Aquifer Water y^° Level Difference Plot between - -.» Oct. 2002 & Oct. 1991 10E DRGR study • Drying trend in region • Section 15 on average drier from 1991 -2002 • Section 22 — not w /in study area. Refer to canal effect — previous slide ((41O5 n 1985 -_ WETLAND SAS DESIGNATE ON SFWMD 1935 MAPS -5072 UPLAND S AS DESIGNATED ON SFWMD 1905 MAPS - 1.071.3 Act 1999 REMAINING VARIOUS; OUALRY WETLANDS 1999. 1.317.1 Act SURVEYED& APPROVED SFWMD UPLANDS - 1999 -2f to Act cR OE-;Ckof- Wetland Designation Rule Change -Rule 62 -340 F.A.C. -Established and adopted betwn' '94 -'96 • This new rule significantly changed how wetlands were delineated -Prior to rule there were 4 different methodologies delineating wetlands (DEP, DNR, SFWMD, ACOE) -Prior slide fails to account for this change t OV141"i'll I> OE - • Approx. 5mi. from WOST rookery • Shaded circles = approximations of fish recruitment areas around shallow wetlands • Timing of prey availability - Wetlands available in Nov -Dec are critically scarce - > ave. wet seasons w/ dry wi me rs are most productive for storks 2 1 13.5' .1— lionY_ X143 0 Pro 1.2 -. .. -. _ - , .. - 102 32 2 0.2 - pE (nQ� _ + - , ar/ �f Rll , -_ - v/ j OC o — — 1 - 1I - -- - - --- 19 IZ- Buns" water* 0E1e18r 100 -40$ 2 14 3 ebvatbn -, I 1.8 } 13 5 eb I ' - i I I 0.2 - I!I@L€ €red €Fi z R$r gLQ@iE i4ii i!Z19 1@ 1@ 1@ n 0 E - Historic loss of ephemeral wetlands has caused delayed initiation in storks and significant decreases in productivity Wood Stork productivity as a function of nest initiation date at Corkscrew Swamp Sanctuary 3000 - 25M 20M g, a" IGM 1000 "N f 600 _7 nov. dec. Jan. fob. mar. apr. ts Average WOOT Fledge psr mc! h 10E cK Berm modification option IOE c� Water level • rainfall trends '83-'05 iii►® t� i�t'i•■ it'i•1��iili rl �fi�'. ►� . JUL i�■t a*i�L►iii<ik I ilk < ►1i��T'� Ar r 5 ORI 0 G ITEM NO.: DATE RECE'V�ED: FILE NO.: ,; s 05- PAC- 00 3!g r� ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: November 16, 2005 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732 -2667 Re: Contract #04 -3674 — Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant Contractor: Carollo Engineers, P.C. BACKGROUND OF REQUEST: This Amendment #2 was approved by the BCC on 11/16/05; Agenda Item 1 O This item has not been previously submitted. ACTION REQUESTED: Amendment #2 review and approval. OTHER COMMENTS: I can email the contract document to you if you will give me a call when you receive this RLS. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. r OG MEMORANDUM Date: November 18, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Contract Amendment (2) to Contract #04 -3674 "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Water Treatment Plant Enclosed are three (3) original documents, as referenced above (Agenda Item #lOG) approved by the Board of County Commissioners on Wednesday, November 16, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have retained .:m If you should have any questions, you may contact me at 774 -8406. Thank you, Enclosures (3) Contract Amendment 2 to Contract # 04 -3674 Z "Professional Engineering Services for Design of the Northeast Water Reclamation Facility and Plant" This amendment, dated 2005 to the referenced agreement shall be by and between the parties to the original agreement, Carollo Engine rs, P.C., (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding The following changes to the above referenced agreement have been mutually agreed to by the Consultant and the County: Item 4.0 Water Reclamation Facility (NEWRF) is changed to read as follows: For development of this scope and associated budget estimate and schedule, it is assumed that the NEWRF consists of a 4 -mgd water reclamation facility (ultimate capacity 16 -mgd) meeting reclaimed water standards. Item 5.0 Water Treatment Plan (WTP) is changed to read as follows: For development of this scope and associated budget estimate and schedule, it is assumed that the WTP consists of 15- mgd comprised of 10 -mgd brackish water supply treated by reverse osmosis and 5 -mgd fresh water supply treated with ion exchange and blended with the RO permeate (ultimate capacity 40 -ingd) with 15 -mgd above ground finished water storage and a 32 -mgd high service pumping station. Schedule B — Attachment A, Schedule of Fees for Basic Services, is changed as reflected in Schedule B — Attachment A, Revised Schedule of Fees for Basic Services attached hereto and made a part hereof. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below_ CONSULTANT ATTEST: CAROLLO ENGINEERS, P.C. Corporate Secretary/Witness By: 4�4 % Dated: O Z i� By: Dated: 3.1 gnatljrq,R ` rove to nand Legal` sy Assistant CdGnty Attorney By: St ZnI Title: 3 Dated: By: �erjCushing, Ph.D., P. E., D E E Title: Partner Dated: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: luck LIJ. Fred W. Coyle, Chairman Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 l OG SCHEDULE B - ATTACHMENT A REVISED SCHEDULE OF FEES FOR BASIC SERVICES Allowance $916,920.00 $89,497.00 $1,006,417. Cost of Business $553,900.00 $54,064.00 $607,964.00 Adjustment TOTAL $11,725,020.00 $1,144,432.00 $12,869,452.00 Note: The change in fees shown above are associated with the following major scope changes: - W RF - change from 2 mgd initial, 6 mgd ultimate to 4 mgd initial, 16 mgd ultimate - WTP - add treatment for 5 mgd of fresh water, changing initial WTP capacity from 10 mgd to 15 mgd (change in ultimate from 20 mgd to 40 mgd); increase storage from 12 mg to 15 mg; increase high - service pumping capacity from 10 mgd to 32 mgd. Original Fee Change New Fee $438,256.00 $438,256.00 Project Management $297,169.00 $297,169.00 Public Involvement $1,164,397.00 $1,164,397.00 Site Planning Water Reclamation Facility $368,654.00 $368,654.00 4.1 Design Basis $126,536.00 $30,902.00 $157,438.00 4.2 Preliminary Design $1,852,213.00 $542,375.00 $2,394,588.00 4.3 Final Design 4.4 Services During $1,199,328.00 $135,594.00 $1,334,922.00 Construction Water Treatment Plant $283,699.00 $283,699.00 5.1 Design Basis $83,280.00 $83,280.00 5.2 Preliminary Design $1,458,553.00 $235,600.00 $1,694,153.00 5.3 Final Design 5.4 Services During $1,157,611.00 $56,400.00 $1,214,011.00 Construction Common Facilities $118,563.00 $118,563.00 6.1 Design Basis $24,308.00 $24,308.00 6.2 Preliminary Design $385,449.00 $385,449.00 6.3 Final Design 6.4 Services During $274,327.00 $274,327.00 Construction $1,021,857.00 $1,021,857.00 Injection Wells SUBTOTAL $10,254,200.00 $1,000,871.00 $11,255,071.00 Allowance $916,920.00 $89,497.00 $1,006,417. Cost of Business $553,900.00 $54,064.00 $607,964.00 Adjustment TOTAL $11,725,020.00 $1,144,432.00 $12,869,452.00 Note: The change in fees shown above are associated with the following major scope changes: - W RF - change from 2 mgd initial, 6 mgd ultimate to 4 mgd initial, 16 mgd ultimate - WTP - add treatment for 5 mgd of fresh water, changing initial WTP capacity from 10 mgd to 15 mgd (change in ultimate from 20 mgd to 40 mgd); increase storage from 12 mg to 15 mg; increase high - service pumping capacity from 10 mgd to 32 mgd. 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala November 17, 2005 District 1 Frank Halas District 2 Tom Henning President John A. Delaney, Chairman District 3 The University of North Florida Fred W. Coyle 4567 St. Johns Bluff Road South, J.J. Daniel Hall, Suite 2800 District 4 Jim Coletta Jacksonville, FL 32224 District 5 Re: Florida Impact Fee Review Task Force Dear President Delaney: Having been briefed by members of our staff who attended the Task Force's meeting of November 15, 2005, the Collier County Board of County Commissioners would like to express our deep concern over the direction that the Task Force appears to be taking. The Florida Legislature has mandated that local governments provide the infrastructure necessary for growth that is concurrent with the demands of growth. The Florida Legislature, however, provides little or no funding to accomplish this. To fund this mandate, local governments rely, in large part, on impact fees. As you are aware, the impact fee mechanism for local governments was long ago tested and recognized in the judicial process as a proper funding mechanism to pay for the infrastructure burdens necessitated by growth. Case law has established standards that are applicable to ascertain a fair and legal implementation of impact fees at the local level. Any legislation which diminishes or places a cap on this funding can only result in our having the unenviable task of choosing to either fund the costs of growth by increasing the property taxes of those who are already here, including the many who have already paid impact fees, and senior citizens on fixed incomes, or by placing limits on growth. We have no control over the costs of land, fuel, labor, and building materials, all of which are escalating in Collier County well over the basic inflation rate. Any legislation that caps or otherwise places limits on impact fees will result in significant revenue shortages over time. We ask that the Task Force recognizes this economic reality and recommends to the Legislature that no change be made that in any way diminishes the long -held right of local governments to impose and collect impact fees. Sincerely, f A rank Halas, Vice Chairman /j ak Collier County Board of County Commissioners c.c. Board of County Commissioners Jim Mudd, County Manager David C. Weigel, County Attorney Leo Ochs, Deputy County Manager All members of the Florida Impact Fee Review Task Force 16g1 MEMORANDUM Date: November 17, 2005 To: John Houldsworth, Senior Engineer Engineering Services Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolutions 2005 -388 and 2005 -389 Enclosed please find one copy of each document as referenced above (Agenda Items #16A1 and 16A2), approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please feel free to contact me at 732 -2646 ext. 7240 Thank you. Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCU Al MEN TS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .exception of the Chairman's si nature, draw a line throu h routing lines #1 throu h #4, complete the checklist, and forward to Sue Filson Route to Addressee(s) Office (List in routing order) Initials Date 2. 9 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office (The primary contact is the holder of the original Pd RIM p RYg ONP ACT INFORMATION summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing Primary contact is the person. who created/prepared the executive information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff f ? Contact L� /1 �1�/� Phone Number Agenda Date Item was J 7 r-7 A2proved by the BCC / 5 U S Agenda Item Number Type of Document A •4 / Attached Number of Original d �� Documents Attached Initial the Yes column or mark "N /A" in he NR ol ot Applicable CHEChiKL IST chevr is a ro riate. l . Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other.12arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final n-'-- tiated contract date whichever is a livable. 4. "Sign here" tabs are place on the appropriate pages indicating where the Cha si nature and initials are required. �, irman's 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw re otf our deadlines! 6- The document was approved by the BCC on t �: nter date) and all changes made during the meeting have been incorporated in t e attached document. The Count Attorne 's Office has reviewed the changes, if annlicah1P I T I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N/A is not an option for line 6. RESOLUTION NO. 05-388 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN WATERWAYS OF NAPLES, UNIT THREE, 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 WATERWAYS OF NAPLES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 24, 1998 approved the plat of Waterways of Naples Unit 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. _91 -102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering 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 Waterways of Naples Unit 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 Waterways of Naples Homeowner's Association. ThNResolution ad .pted after motion, second and majority vote favoring same, this --/— day of _ o /1')1/x/,'2005. DATE: BOARD OF COUNTY COMMISSIONERS ATTF.� "`;''rer, COLLIER CO D UNTY, FLORIDA r 1✓. CLERK e By W' Otto I E tgl"�{aA ' S FRED W. COYLE CHA AN tipp170vetu44P form and legal sufficiency: Jennifer A. Belpedi Assistant Collier County Attorney 1OA2 MEMORANDUM Date: November 17, 2005 To: John Houldsworth, Senior Engineer Engineering Services Department From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolutions 2005 -388 and 2005 -389 Enclosed please find one copy of each document as referenced above (Agenda Items #16A1 and 16A2), approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please feel free to contact me at 732 -2646 ext. 7240 V Thank you. Enclosures ORIGINAL DOCUMENTS.,CHECKLIST & ROUTING SLIP 16 A2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ,..._�. _,....:., ,. i;-- 4d i th--.nh ttd rC) fete the. checklist. and forward to Sue Filson (line #5). exception of the Chairman's signature, draw a line Lit ,. Route to Addressee(s) List in routing order) ,.,u.... I..— „ ..... •... •, - - -- - - -- - -- - - -- - Office Initials Date 1. / lap 2. Original document has been signed/initiated for legal sufficiency. (All documents to be Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. / r � Number of Original Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office L", PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff / J/ / �` Phone Number N/A (Not Contact / (initial) Agenda Date Item was Original document has been signed/initiated for legal sufficiency. (All documents to be Agenda Item Number Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document / r � Number of Original Documents Attached Attached resolutions, etc. signed by the County Attorney's Office and signature pages from 1NCTRIICTIONC & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 4.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (initial) Appl icable) 1. Original document has been signed/initiated for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC. Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's �J Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the � A document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's r , �r signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain ' time frame or the BCC's actions are nullified. Be aw' re of our deadlines! 6. The document was approved by the BCC on /-)� ( nter date) and all changes N/A is not made during the meeting have been incorporated in he attached document. The an option for County Attorney's Office has reviewed the changes, if applicable... line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 4.03.04, Revised 1.26.05, Revised 2.24.05 16 A2 • RESOLUTION NO. 05 -_389' RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN WATERWAYS OF NAPLES, UNIT FOUR, 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 WATERWAYS OF NAPLES HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 24, 1998 approved the plat of Waterways of Naples Unit Four 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. 91 -102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering 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 Waterways of Naples Unit Four 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 Waterways of Naples Homeowner's Association. Thi$ Resolution dopted after motion, second and majority vote favoring same, this ! ' day of A141 t i11 h?%' , 2005. DAT BOARD OF COUNTY COMMISSIONERS '�, !' ` COLLIER COUNTY, FLORIDA p , CLERK ri ,•. �: ., B y: FRE16 W. COYI CHA AN Approe't`o-i�`or'm and legal sufficiency:' Jennifer A. Belped Assistant Collier County Attorney ITEM NO.: DATE ��'IV: Jt FILE NO.: ROUTED TO: � ✓C �� U ,,, o DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES •r Date: November 16, 2005 To: Office of the County Attorney Attention: Robert Zachary /Colleen Greene From: Kelsey Ward, Contract Administration Manager Purchasing Department, Extension 8949 Administrative Services Division RE: Review of Insurance for Contract #05 -3784, Consultant Services for HUD 5 -Year Consolidated Plan Contractor: Florida Planning Group BACKGROUND OF REQUEST: The Administrative contract was approved by the BCC on 11/15/05; Agenda Item_J This Administrative contract has not been previously submitted. ACTION REQUESTED: G C' ( .,b Contract review and approval OTHER COMMENTS: This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. TO: FROM: DATE: RE: Contractor: MEMORANDUM h`` Sheree Mediavilla Risk Management Department Kelsey Ward, Contract Administration Manager Purchasing Department November 16, 2005 16 A 3' 10 TO Review of Insurance for Contract #05 -3784, Consultant Services for HUD 5 -Year Consolidated Plan Florida Planning Group Please review the Insurance Certificate (blue tab) for the agreement relative to the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, kindly advise as to when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. cc: Susan Golden 16 A3 v, # MEMORANDUM DATE: November 21, 2005 TO: Kelsey Ward, Contract Admin. Mgr. Purchasing Department FROM: Ann Jennej ohn Minutes and Records RE: Review of Insurance for Contract #05 -3784; Consultant Services for HUD 5 -year Consolidated Plan Contractor: Florida Planning Group Enclosed please find three (3) original contracts, as referenced above (Agenda Item #16A3), which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures (3) 16 A3' -o Contract 05 -3784 "Consultant Services for HUD 5 -Year Consolidated Plan" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this (� day of /y d Terri be Y 200, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and Florida Planning Group, authorized to do business in the State of Florida, whose business address is 13500 Sutton Park Dr., S, Suite 401, Jacksonville, FL 32224 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting services of the CONSULTANT concerning the HUD 5 -Year Consolidated Plan (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in, the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: TPA# 1953637.9 PSA 16A319 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Consultant Services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates �2 "l/- )E s - Ge-).P— (6;�% , a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project TPA #1953637.9 PSA 2 6 A.3, Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper TPA# 1953637.9 PSA 3 16 performance of the CONSULTANT'S obligations hereunder, or in the course o dicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written TPA# 1953637.9 PSA 4 A3 notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER' office. TPA41953637.9 PSA 5 2.7 Preparation of operating, maintenance and staffing manuals, except as of erwi rovided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: TPA #1953637.9 PSA r 16A 3 (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER' requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. TPA# 193637.9 PSA 7 16 A3 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to TPA #1953637.9 PSA $ ,1 reasonably stablish to the OWNER 's satisfaction that the CONSULTANTS a ormarrC�e is or� , Y p will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project TPA# 1953637.9 PSA 9 16 A3 ,*, Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited. to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. TPA #1953637.9 PSA 10 16 A3 ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule D, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and TPA#! 1953637.9 PSA 11 16 received by OWNER , except such rights as they may have to the proce4ed3of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the TPA# 1953637.9 PSA 12 16 A3 subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION TPA#1953637.9 PSA 13 bA 12.1. CONSULTANT shall be considered in material default of this Agreemen and su default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. TPA# 1953637.9 PSA 14 ��a3a. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall TPA# 1953637.9 PSA 15 16 A3 CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. TPA91953637.9 PSA 16 16 A3 .. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building G 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Stephen Y. Carnell, Purchasing /General Services Director Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Florida Planning Group, Inc. 13500 Sutton Park Dr., S, Suite 401 Jacksonville, FL 32224 Telephone: 904 -821 -8281 Fax: 904- 821 -8688 Attn: Contact Signatory, Elaine S. Wright 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. TPA# 1953637.9 PSA 17 �bA3�a ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. TPA# 1953637.9 PSA 18 16 A -' 3 Al 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is TPA# 1953637.9 PSA 19 16 AA executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation ificafe identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making TPA# 1953637.9 PSA 20 16 A3 authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Statute. TPA# 1953637.9 PSA 21 16 A3 SCHEDULE A SCOPE OF SERVICES SCOPE OF SERVICES Collier County covers a large geographic area and is located in the southwestern corner of Florida, accessible from the east coast and the north by Interstate 75. It encompasses three (3) incorporated cities: Naples (which was previously an entitlement community), Marco Island and Everglades City. Urban County Cooperation Agreements are in place with two (2) of these communities. The community of Immokalee is located thirty five (35) miles inland and has specific needs associated with migrant farm workers and agriculture. Collier County's staff will be involved in this process, but have multiple on -going projects to consider. Collier County desires a Consolidated Plan, and One Year Action Plan, that will meet HUD requirements, reflect grass -roots involvement by the citizens and will be a useful tool for a variety of interested community partners. A. Consolidated Plan Scope of Service Task One: Strategy Session with FAH Staff In November 2005, a meeting will be held with FAH staff to finalize a work schedule, set the dates for public hearings, review potential uses of federal funding and continued partnership with SHIP and other State resources, begin the data gathering process, discuss performance measures and outcomes, review adopted Master Plans for targeted areas and discuss revisions to the Citizen Participation Plan. Deliverable: Establish Work Schedule and Dates for Public Hearings; provide material and guidance on Performance Outcome Measurements. Task Two: Public Participation Modify the County's 2001 Citizen Participation Plan to improve and encourage citizen participation in the Consolidated Planning process. Hold a series of community meetings on the Consolidated Plan process in November and December 2005. This will include a combination of evening meetings as well as daytime meetings with local organizations and citizens groups. Community surveys may be a part of the public participation process. FPG will provide a Citizen's Assistance Packet explaining the Consolidated Plan Program. In addition, information will be provided to the County to assist in effectively evaluating each proposed project. FPG will participate in a minimum of six (6) meetings in the fall of 2005/winter of 2006 in furtherance of the Consolidated Plan preparation. Deliverable: Participate and present at public meetings. Provide Citizen's Assistance Packets for public meetings. Provide material to FAH staff to assist in evaluating proposed projects. TPA# 195363 7.9 PSA A -1 16 A3 ;. Task Three: Data and Analysis Florida Planning Group will complete the required Community Profile, Housing Market Inventory, Needs Assessment, Institutional Structure and other required aspects of the Consolidated Plan to meet HUD regulations and in accordance with the Consolidated Plan Management Process (CPMP) tool. FPG will be expected to present jointly with County Staff at the required public meetings and be available to explain the programs and solicit public input on community priorities. FPG will also assist County Staff in the development and analysis of public surveys intended to obtain community input. Deliverable: Complete participation in six (6) community meetings. Provide working draft of data and analysis sections of the Consolidated Plan. Task Four: Project Evaluation Establish a date for project requests and grant applications to be submitted in December 2005. As applications are received from non - profit organizations and other entries, FAH staff and FPG will evaluate these proposals. Evaluation will include HUD eligibility, financial feasibility, organizational capacity, and meeting community priorities. FPG will provide the County with an evaluation system, which will enable staff to identify projects that are eligible, achievable and further the goals of the Consolidated Plan. All requests will be evaluated and ranked for eligibility and achievability in January 2006. Deliverable: Provide assistance to staff in the review, scoring and ranking of applications. Utilities results in the preparation of the One -Year Action Plan. Task Five: Consolidated Plan and One -Year Action Plan FPG will complete a draft of the Five -Year Consolidated Plan and One -Year Action Plan in early March 2006 for the required 30 -day public comment period. The County will advertise the draft Consolidated Plan for the 30 -day public comment period and hold a public hearing with the Affordable Housing Commission. FPG and County Staff will gather input during the 30 -day public comment period. FPG will prepare a final document for the Board of County Commissioners approval in April 2006 with submittal to HUD prior to the May 15, 2006 deadline. Deliverable: FPG will provide the County with 20 copies of the draft Consolidated Plan and an electronic version of the document and supporting material in March 2006 and for the 30 -day public comment period. FPG will be available as needed to make presentations (PowerPoint, etc.) to the Affordable House Commission and the Board of County Commissioners in March and April 2006. TPA## 1953637.9 PSA B-1 16A3 B. Analysis of Impediments Scope of Service Task Six: Analysis of Impediments to Fair Housing Florida Planning Group will prepare an Updated Analysis of Impediments to Fair Housing in accordance with HUD regulations including: 1. Jurisdictional Background Data FPG will utilize local, State and other data to gather relevant income, racial, ethic and housing pattern concentrations and data in Collier County. Maps, tables and other data may be assembled or prepared. 2. Local History of Fair Housing Issues and Identification of Impediments FPG will contact State and local organizations to gather information regarding incidences of fair housing complaints, violations and /or findings or patterns of house discrimination. HMDA data will be reviewed for housing financing patterns. This will provide an overview of the existing patterns in Collier County and will contribute to the development of the community's fair housing profile. 3. Analysis of Impediments Local zoning regulations will be reviewed by the Florida Planning Group for potential discriminatory practices with respect to group home locations, affordable housing development denials or other potential concerns. If any impediments or discriminatory practices are found, FPG will provide information on the problem and /or pattern and provide recommendations for changes. This review and analysis of impediments may include: a. Sale or rental of housing b. Financial Assistance c. Brokerage Services d. Public Policies or Actions e. Local Administrative and Zoning Regulations 4. Actions to Address Impediments FPG will prepare a recommended plan of action for the community. Deliverable: Final Analysis of Impediments to Fair Housing (AI) FPG will provide the County with ten (10) copies of the Analysis of Impediments and an electronic copy. The final product will be produced in accordance with HUD requirements and provided to the County no later than August 2006. TPA# 1953637.9 PSA C -1 16 A3 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its invoice, a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All invoices shall be mailed to the attention of Susan Golden Manager, Federal /State Grants Administration 2800 N. Horseshoe Drive #400 Naples FL 34103 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. The payment of any particular task item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM LUMP SUM FEE FOR: FEE 1. Strategy Session $ 5,000 2. Public Participation Analysis $ 7,500 3. $15,000 4. Project Evaluation Consolidated Plan Analysis of Impediments TOTAL FEE Total Items 1 -6 $ 7,500 $15,000 $12,000 5. 6. $62,000 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Sixty -Two Thousand Dollars ($62,00 ) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, TPA# 1953637.9 PSA D -1 16 A3 equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall not charge any markup on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier TPA# 1953637.9 PSA E -1 16 A3 or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. TPA# 1953637.9 PSA F -1 ATTACHMENT 1 CONSULTANT'S HOURLY RATE SCHEDULE Project Manager /Principal $115 Senior Specialist/Principal $115 Senior Associate $ 70 Specialist $ 55 Associate $ 45 Administrative Assistant $ 35 Clerical $ 25 Additional Categories identified below will be billed at the provider's current rate: Attorney Accountant Systems Technician /Systems Analyst TPA 41953637.9 PSA G -1 16A3�; SCHEDULE C PROJECT MILESTONE SCHEDULE Task One: Strategy Session A workshop meeting will be held with key County staff to finalize the work schedule, set dates for public hearings, and begin the data - gathering process. At this meeting the consultant's team will review Collier County's current program, as well as the cross connections to the SHIP program, and the adopted Master Plans for specific target areas. Complete by. November 18, 2005 Task Two: Public Participation Our firm will review and if required modify the County's current Citizen Participation Plan to improve and encourage citizen involvement in the Consolidated Planning process. Our firm will provide guidance and templates regarding letters to all local community, housing, and social service agencies, alerting them to the grant process and seeking input on community needs (i.e. survey results). We will also provide guidance on timetables and templates for advertisements in the local newspaper on the same subject. Samples are enclosed in the Appendix. We will attend public hearings. Community surveys will be provided. Complete: As public hearings and community meetings are scheduled by staff We will provide a Citizen's Assistance Packet that explains the Consolidated Plan program and includes a proposed project request form. These packets will be tailored to produce the specific information that the County will need to effectively evaluate each proposed project. Complete by: November 28 Task Three: Analysis Our firm will complete the required community profile, general market inventory, general needs assessment and institutional structure portions of the Consolidated Plan to meet HUD regulations. We will jointly staff the required public hearings and be available to explain the program's purpose and solicit public input on community priorities. We will also assist County staff in the development and analysis of public surveys intended to obtain input from the community. We then work with County staff to develop its new five -year strategy and the proposed list of projects, which will become the One -year Action Plan. Complete Analysis by January 20 Complete draft five -year strategy by March 3, following development with staff Task Four: Project Evaluation As project request are received from non - profit organizations, citizens, social service agencies, commissioners, department heads, and other interested parties, proposed projects will be evaluated for eligibility, financial feasibility, organizational capability and connection with the goals and objectives of the Consolidated Plan. We will produce a matrix analysis for the County, which identifies each proposed project received, its eligibility under the program and an initial assessment of its "fundability." Our firm will provide the County with an evaluation system, which will enable the County to quickly focus on projects that are eligible, achievable and further the goals of the Consolidated Plan. TPA #1953637.9 PSA H -1 16 A3 .4 Complete: Project evaluation will be completed 15 days after the package of projects is provided to consultant. Task Five: Consolidated Plan Our firm will prepare the five (5) year Consolidated Plan and the One -Year Action Plan on HUD's new (and required) Consolidated Plan Management Program. Our firm will prepare a "draft" plan -to be delivered to the County by a mutually agreed upon deadline. We will coordinate the advertisement of the thirty (3) day public comment period, as well as the public hearings required on the proposed use of funds. At the end of the comment period, we will direct and assist the County in documenting its responses to any comments received. The Consolidated Plan will be finalized for approval by the County Commission, and submitted to HUD before the May 2006 deadline. The firm will provide the County with an email /camera ready original and at least three (3) disc copies. The plan must be prepared using official HUD software and formats. We will also provide a response to any HUD review comments received. Complete: The draft plan will be completed before March 3 to enable a 30 day comment period prior to BCC approval. Presentations (PowerPoint) will be made to the Affordable Housing Commission and /or Collier County Board of County Commissioners on the Cons lidated Plan process at a public Board meeting. aw Complete: When scheduled by staff in March y April 2006 Task Six: Analysis of Impediments to Fair Housing (AI) Our firm shall prepare an updated Collier County Analysis of Impediments to Fair Housing (Al) in accordance with HUD regulations. A revised and updated AI will be provided to Collier County within three (3) months of completion of the Consolidated Plan and One -Year Action Plan. Complete: The draft Analysis will be completed 90 days after Consolidated Plan approval. TPA# 1953637.9 PSA I -1 Nov 08 05 10:59a CERTIFICATE OF INSURANCE rni gg ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois iffib ❑ STATE FARM FLORIDA INSURANCE COMPANY. Winer Florida ®STATE FARM INSURANCE ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for L D9PLANNING eFR A GROUP INC Name of policyholder E Address of policyholder Location of operations Description of operations � eriods shown. The policies listed below have been issued to the policyholder for polio y of liability shown subiect to all the terms excl usions. and conditions of those policies. PERIOD POLICY NUMBER 98BQ4928 -1B This insurance includes: 98QB0979 -7F POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiratioa► .-D.-.-ef 07/21/05 07/21/06 Comprehensive , Business l rability -- ---- -- ------ ---------- - - - - -- - Products - Completed Operations ® Contractual Liability Underground Hazard Coverage ® Personal Injury Advertising Injury ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage a EXCESS LIABILITY ❑ Umbrella n Other WORKERS COMP TYPE OF INSURANCE POLICY PERIOD Effective Data Exp!q Date 07/25/05 07/25/06 POLICY PERIOD Effective Date ;Expiration Date 16 A3 P= The insurance described in these p da ms is a is may have been reduced by y P aid LIMITS OF LIABILITY (at beginning of policy period) BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $1,000,000 General Aggregate $7,000,000 Products - Completed $2,000,000 Operations Aggregate BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Part 1 STATUTOKY Part 2 BODILY INJURY Each Accident $100,000 Disease Each Employee $100,000 Disease - Policy Limit $500,000 LIMITS OF LIABILITY (at beginning of policy perio THE CERTIFICATE E OF INSURANCE IS NOT A CONTRACT OF INSURA YCP LICY DESCRIBED HEREIN., NOR NEGA�TEed befo AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY A If any of the described policies are its expiration date, State Farm will try to mail a writti notice to the certificate holder 30 days before cancellation. If however, we fail to m Name and Address of Certificate Holder such notice, no obligation or liability will pos on State Farm or i agents or rep COLLIER COUNTY GOVERNMENT igna to of Authorized Rep PURCHASING BUILDING nt a 11/09/0 3301 E TAMIAMI TRAIL AGENT Dal NAPLES, FLORIDA 34112 Title Agent's Code StamP AFO Code 349 ascioas a 3 04 -1999 Printed in U.S.A. 16 A3 NEW HAMPSHIRE INSURANCE COMPANY Administrative Office 100 Summer St., Boston, MA 02110 COVERAGE IS PROVIDED BY A CLAIMS -MADE POLICY READ THE POLICY CAREFULLY PROFESSIONAL LIABILITY INSURANCE POLICY DESIGN PROFESSIONALS ASSOCIATION RISK PURCHASING GROUP POLICY DECLARATIONS 1. Insured /Participating Member Name & Mailing Address: Florida Planning Group, Inc. 13500 Sutton Park Drive So. Suite 401 Jacksonville, FL 32224 Policy Number: 000396247 DPA Member No: FloridaP00 Sole Proprietor Partnership X Corporation Other 2. Policy Period: From April 01, 2005 to April 01, 2006 12:01 a.m. Standard Time, at the Insured's mailing address 3. Retroactive Date April 01, 1998 4.. Limits of Insurance: $1,000,000 per occurrence $1,000,000 aggregate 5. Deductible: $10,000 6. The policy includes these endorsements and schedules: 80667 (8/02), 80666 (8/02), 80686 (8/02), 80685 (8/02), 78711 (8 -04), 81127 (11 -02) 7. Premium: These Declarations with the Professional Liability Insurance Policy referenced above and endorsements, if any, issued to form a part thererof, comprise the complete policy. AGENT: Leatzow & Associates, Inc. ADDRESS: 415 Taft Avenue, 2nd Floor Glen Ellyn, IL 60137 (630) 858 -9500 Fax: (630) 858 -0700 By: l V Au�orized Repre' tative 80666 (8 -02) i 6 A3 �, -.1 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER and in the form set forth in Attachment I to this Schedule D shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve TPA #1953637.9 PSA D -1 16 A3 y CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. D -2 TPA91953637.9 PSA r J • � J (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? —X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation — Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. D -3 TPA# 1953637.9 PSA sr (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 X_ General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 D-4 TPA# 1953637.9 PSA 16 A3 General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply to this Project. Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self - insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER shall be named as an Additional Insured. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? — _ Yes X_ No D -5 TPA#1953637.9 PSA 16A3 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate D -6 TPA# 1953637.9 PSA LoA3 $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall require the prior written approval of the Risk Management Director or his /her designee, at their discretion. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. D -7 TPA# 1963637.9 PSA 1 A3 a PROJECT PROFESSIONAL LIABILITY (1) if OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D -s TPA41953637.9 PSA to A3 .41 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Florida Planning Group hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Consultant Services for HUD 5 -Year Consolidated Plan are accurate, complete and current as of the time of contracting. Florida Pla.rtping Group DATE: 3 Lby was" E -1 TPA# 1953637.9 PSA 1� 16A3 I SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name. Title Elaine S. Wright, Project Manager Stephen J. Kelley, Research, Analysis Patricia A. Patton, Production of Plan % of Time allocated to this Project 15% 25% 15% TPA# 1953 637.9 PSA F -1 16 A3 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consultant Services for HUD 5 -Year Consolidated Plan the day and year first written above. ATT, Si' R. . ivigt. BrockcClerk By' 54AAA,�',, ' e>t s Ch t ' a s Dat ®S Approved as to form and legal suffi cy: R be eourn'ty ary Assistant Attorney p C_ ss v Elaine S. Wright, President Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, "—�A By: W. Fred W. Coyle, Chairma TPA# 1953637.9 PSA 22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN T .10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SX&". Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ;_ fl, ti„•,, gh ea nmmnlete the checklist. and forward to Sue Filson (line 05). exce tion ofthe Chairman's signature, draw a line uoou n 10u... ... �� . ,.,. - ••• - - -- - - -- - -- Office Initials Date Route to Addressee(s) (Initial) List in routing order i S�� C' - Agenda Item Number I Approved b the BCC rA Original document has been signed/initialed for legal sufficiency. (All documents to be 2. / Number of Original 3. �i I Documents Attached 4. resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and_possibly State Officials.) All handwritten strike- through and revisions have been initialed by the County Attorney's 01 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff G t I (�' ��(� ►r f L� (� Phone Number / /�,� _ ,2 y � ` r Contact' (Initial) Agenda Date Item was i S�� C' - Agenda Item Number I Approved b the BCC 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Number of Original Type of Document Attached �i I Documents Attached INSTRUCTIONS &CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not (Initial) Applicable) appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and_possibly State Officials.) All handwritten strike- through and revisions have been initialed by the County Attorney's 2. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awar of your deadlines! 6. The document was approved by the BCC on / t, (Senter date) and all changes made during the meeting have been incorporated In t1fe attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A4 - MEMORANDUM Date: November 18, 2005 To: Cecilia Martin Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: CP- 2005 -07; Permit for Carnival Exhibition Enclosed please find one copy of the above referenced document, (Item #16A4), approved by the Board of County Commissioners on Tuesday, November 15, 2005. Any questions or comments please contact me at 774 -8406. Thank you. Enclosure 16p4' Permit No. Cp 2005 -07 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival and; WHEREAS, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and WHEREAS, said Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, to conduct a carnival on November 23, 24, 25, 26 and 27, 2005 in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A ") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this 15 day of _� ve� k, (17'_2 0 0 5. ATTEST: DWIGHT E. BROCK, CLERK #Qllll y Apprpve tQ, :orm and ie� L . '&ifer Belpedi Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: 1•C , FRED k. COYLE, CHMN4N ■ ■ 'ftrrv■ .,j ■aaNv■ ■faa.'aa n%ron ■��i,.IV■ v CDPR1002 - Property Information Report FOLIO NBR 00000001238 BLOCK BLDG 061 USE CODE 71 PARENT PARCEL 40008 00000000000000 LOT UNIT RANGE TWP SECT STRAP .000 29 47 04 472904 CLASS CODE MILL AREA 0 5 PHYSICAL STREET LOCATION 00 219 9TH ST S, IMMOKALEE 061.0002E0 TOTAL ACSC HDR REF FLAG 8.69 0 SHORT LEGAL XTRA LGL CNT 4 47 29 SE1 /4 OF NE1 /4 OF 0 SW1 /4, LESS S 30FT 8.7 AC OR 1112 PG 1604 OWNER NAME PREVIOUS OWNER NEVINS BISHOP, JOHN J OWNER ADDRESS PO BOX 2006 VENICE, FL 342842006 FULL LEGAL DESCRIPTION 4 47 29 SE1 /4 OF NE1 /4 OF SW1 /4, LESS S 30FT 8.7 AC OR 1112 PG 1604 Exhibit "A" 16A4 7 :ollier County Printed on 10/27/2004 3:31:44PM :D -Plus for Windows 95/98/NT Pagel of 1 HANSEN® People. Government. Solutions. November 11, 2005 Ms. Kelsey Ward Contract Administration Manager Collier County Purchasing Department, Contract Administration Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Ward, Re: Contract no. 03 -3500 As you are aware, unforeseen difficulties have arisen with regard to Contract no. 03 -3500 between Collier County and Hansen Information Technologies (Hansen), Inc. to implement a Land Use & Permitting Acquisition Software Application. Current circumstances aside, Hansen remains committed to Collier County's implementation and sincerely wishes to continue to implement its solution to a mutually beneficial conclusion at Collier County. In recognition of the difficulties encountered to date, Hansen is prepared to offer the following incentives to Collier County to continue implementing the Hansen solution: 1. Hansen will waive the first year's SMA fee. As per the contract, this amounts $124,200. 2. Hansen will credit Collier with $273,825.43 for services previously charged for. This offer is conditional upon Collier County continuing with the Hansen implementation but will apply whether Collier elects to proceed with the implementation based upon the Hansen 8 product or the Hansen Version 7 product. Our offer effectively provides Collier County with $398,000 to utilize in the continuation of a Hansen solution and is evidence of Hansen's commitment and determination to reach a beneficial solution for both our organizations. Hansen /Collier County Termination Letter 11 /11 /2005 Pagel of 2 AUCKLAND • LONDON • MELBOURNE • SACRAMENTO • SYDNEY • TORONTO Corporate Headquarters: 11092 Sun Center Drive • Rancho Cordova, CA, USA 95670-6109 Phone: 800 821 9316 • 916.921.OB83 • Fax 916.921.6620 • www,hansen.com HANSEN® People, Government. Solutions. afc5(o5 I& p9 5 Hansen firmly believes that continuation of the project, with Hansen, is the best option for the County particularly when the time, risk and costs associated with entering in to a new procurement, evaluation and implementation process are considered. We trust that our offer meets with Collier County's approval and look forward to a favorable response from the County and ultimately a successful implementation that we both can be proud of. Yours sincerely Mark Watts President Hansen Information Technologies Inc. Hansen /Collier County Termination Letter Page 2 of 2 c: Mr. C Hansen (HIT) Mr B Benstead (HIT) Mr M Blalock (HIT) 11/11/2005 AUCKLAND • LONDON • MELBOURNE • SACRAMENTO • SYDNEY • TORONTO Corporate Headquarters: 11092 Sun Center Drive • Rancho Cordova, CA. USA 95670-6109 Phone: 800 821.9316 • 91 6.921 .0883 • Fax: 91 6.921.6620 • www.hansen,com 1661': MEMORANDUM Date: November 17, 2005 To: Margaret A. Bishop, Sr. Project Manager Transportation /Stormwater Mgmt. From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment No. 1 to Contract No. OT050976 Between The South Florida Water Management District and Collier County Enclosed please find two (2) original documents, as referenced above, (Agenda Item #16B1), which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures (2) - ORIGINAL DOCUMENTS CHECKLIST & ROUTIN 1 1 . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appr o riate. (Initial) Applicable) 2. 11115105 Agenda Item Number 16B 1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. SFWMD Grant Amendment Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Margaret Bishop Phone Number (239) 213 -5857 Contact appr o riate. (Initial) Applicable) Agenda Date Item was 11115105 Agenda Item Number 16B 1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document SFWMD Grant Amendment Number of Original 2 Attached I resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appr o riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from }� a9/il( contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS original 9.03.04 r 0 IGINAL PEEP Mq��4 SOUTH FLORIDA WATER MANAGEMENT ' CT �9o�ati AMENDMENT OT050976 -A01 AMENDMENT NO. 1 TO CONTRACT NO.OT050976 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT MM COLLIER COUNTY This AMENDMENT NO. 1, entered into on to that CONTRACT dated May 31, 2005, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County. (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to increase funding, and modify the Payment and Deliverables Schedule of the CONTRACT; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: The monetary consideration for the CONTRACT is hereby increased by an amount not- to- exceed Two Hundred Fifty Thousand Dollars ($250,000.00), for a total revised CONTRACT amount not -to- exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). 2. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "D 1 ", attached hereto and made a part of this AMENDMENT NO. 1. 3. All other terms and conditions of the CONTRACT, as amended, remain unchanged. Amendment No. 1 to Contract No OT050976 -- Page 1 of 2 16 �1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT SFWMD PROC REMENT APPROVED By: Date: �0 - 'd/ ds Frank Hayden, Procurement Director Board of County Commissioners of COLLIER COUNTY FLORIDA. AMT �iNIBHT B LA) . 3i y: Fred W. Coyle, Chairman Attesil, a w r 's j� Title: Chairman sign eti�re ' .A,PPmvv,d as to fam A grJ t f e-- (0 1AA �--- Ambtut Amendment No. I to Contract No OT050976 -- Page 2 of 2 EXHIBIT "D1" PAYMENT AND DELIVERABLES SCHEDULE • A summary deliverable and payment schedule associated with this project is set forth below. Specific deliverables associated with each task are in the summary table below. Due dates for all deliverables are set forth below. All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "C" Statement of Work requirements. • Total payment by the District for all activities hereunder shall not exceed the amount of $750,000.00. The District's cost share amount shall not exceed 50% of the total project cost. Task Deliverables Due Date* District Not- (From amendment to- Exceed execution ) Payment" Task 1: Design/Permitting Notice -to- Proceed with Design Complete $50,000 60% Design Plans 2 weeks $100,000 100% Design Plans and 3 months $150,000 Permits Task 2: Construction Bidding Notice -to- Proceed with Construction 6 months $50,000 Task 3: Construction (note 1) 50% Completion Certification 12 months $400,000 Construction Substantial 18 months n/a Completion Certification Task 4: Final Letter Report Final Letter Report with Certificate of Completion 24 months n/a NOT -TO- EXCEED PROJECT TOTAL $750,000 * All dates are referenced from the date of execution of this amendment and are estimated. ** The District shall only be obligated to pay for documented actual expenditures within the not - to- exceed amounts specified above. In the event actual expenditures by the County are less than the not -to- exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task. The County shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $750,000 as specified above for this agreement. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Note 1: Pay requests for construction may be submitted quarterly. Page 1 of 1, Exhibit "DI ", Agreement No. OT050976 -AO1 1682 MEMORANDUM Date: November 17, 2005 To: Margaret A. Bishop, Sr. Project Manager Transportation/Stormwater Mgmt. From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Florida Communities Trust Grant Contract from the State of Florida Department of Community Affairs for the Gordon River Water Quality Park Enclosed please find two (2) original documents, as referenced above, (Agenda Item #16B2), which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures (2) ORIGINAL DOCUMENTS CHECKLI ST & ROUTINJs& 82 � TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the 1' #5 checklist, and forward to Sue Filson (ine ). Route to Addressee(s) (List in routing order) 1. Office Initials Date 2. appropriate. (Initial) Applicable)_ 3. 11/15/05 Agenda Item Number 1682 4. signed by the Chairman, with the exception of most letters, must be reviewed and signed- 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 2 6. I I Documents Attached PRIMARY CONTACT INFORMATION (T'he primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Margaret Bishop Phone Number (239).213 -5857 Contact appropriate. (Initial) Applicable)_ Agenda Date Item was 11/15/05 Agenda Item Number 1682 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed- Type of Document Florida Communities Trust Contract Number of Original 2 Attached I I Documents Attached 1NCTR11f T1nN9 & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable)_ 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed- by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC 2q'4 Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's "lle Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16R2 FCT Contract Number -CT- FLORIDA COMMUNITIES COMMUNITIES TRUST 0 _5- 027 -FF5 GORDONr RIVER WATER QUALITY PARK CSFA # 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ( "FCT'), a non - regulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, a local government of the State of Florida ( "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ( "Project Site "), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part II1, Florida Statutes; Nk "HEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non - regulatory agency within the Department of Community Affairs ( "Department ") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever .pct, which provides for the distribution of twenty -two percent (22 %), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local `overnments and nonprofit environmental organizations for the acquisition of community -based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax - exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes- WHEREAS, Rule 9K -7, Florida Administrative Code ( "F.A.C. ") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K -8, F.A.C. sets forth the acquisition procedures; A- HEREAS, on September 15, 2005 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 05- 027 -FF5 October 1 i_ 2005 Pre - acquisition -1- 1682 WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K -7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K- 7.009(1), F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K- 7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match, provided that the real property owned was acquired by the Recipient within 24 months prior to the application deadline for which the application was made. The date of this application deadline was May 5, 2005; WHEREAS, the Recipient acquired fee simple title to the entire Project Site on March 29, 2004 (Insert date[s]) from Charles Fleischmann III, Dorette L. Fleischmann Viets, Melanie Fleischmann Garnett, (Insert Seller name[s]); Charles Fleischmann V. WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end March 15, 2006 ( "Expiration Date "), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.1. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. II. MODIFICATION OF AGREEMENT 05- 027 -FF5 October 11, 2005 Pre - acquisition -2- 1682 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shalt be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement; shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -2100, as soon as possible and before November 14, 2005. If the Recipient requires more thanone original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know ofand adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, aalocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbtused in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s) requiredby 9K-8,007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the, Maximum Approved Purchase Price ( "MAPP "), as provided in Rule 9K- 8.007(5) and (6), F.A.C., shall be determined. I %'. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ( ")FCT Award ") will in no event exceed the lesser of Forty-Four Point Sixty -Four Percent (44.64 %) of the final Project Costs, as defined in Rule 9K- 7.002(29), F.A.C., or Eight Million Six Hundred Thousand Dollars And Zero Cents ($8,600,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreem=tL The FCT Award is based on the Recipient's estimate of final' Project Costs 1M its application, as well as the Limitation of Award provided in Rule 9K- 7.003(3), F.A.C. and advertised in the Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K- 7.002(29), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 115- 027 -FF5 October 11, 2005 ;'re- acquisition -3- 1682 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K- 7.010, F.A.C. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K- 7.002(22), F.A.C. If the value of Pre - acquired land, as defined by Rule 9K- 7.002(28), F.A.C., or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: 05- 027 -FF5 October 11, 2005 Pre - acquisition Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 10 1682 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Margaret A. Bishop, p F Title: Project Manager Address: 2885 Horseshoe Drive South Naples, Florida 34104 Phone: (239) 7-13 -5857 Fax: (239) 659 -5790 E -mail: Marg,aretBishop @colliergov.net 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: Norman Feder AICP Title: Transportation Administrator Address: 2885 Horseshoe Drive South Naples, Florida 34104 Phone: (y�) 774 -8192 Fax: (239) 774 -9370 Email: NormanFeder @colliergov.net 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 99-6 non 5 5 s N'I. PROJECT PLAN APPROVAL; PRE - CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K- 8.a11. F.A.C., The Project Plan shall 05- 027 -FF5 October 11, 2005 Pre- acquisition -5- 1662 not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: 05- 027 -FF5 October 11, 2005 Pre - acquisition a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between the Recipient and C.;,a i Flaigqchmann III Dorette L Fleischmann Viets, (Insert name[s] of Seller[s]). Melanie Fleischmann Garnett And Charles Fleischmann V (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K- 8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel(s) by the Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K- 8.012(4), F.A.C. b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K- 7.011, F.A.C., and as described in Article VII below. C. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. Ell 1682 f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VITA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily- Negotiated Transaction, as defined in Rule 9K- 7.002(41). The use of or threat of condemnation is not considered a Voluntarily- Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 6. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. N'II. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 9K- 7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives. 05- 027 -FF5 October 11, 2005 Pre-acquisition -7- 1682 C. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. A description of how the management will be coordinated with other agencies and public lands, if applicable. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not 05- 027 -FF5 October 11, 2005 Pre - acquisition -8- 1.682 include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Govermucirt to be a named co- signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall: require the prior written approval of FCT as to purpose. Further, tree removal, other thaw non- native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that tic proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not ad'.versely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K- 7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commmiiatments made in the application that received scoring points or observations made by FCT staff during the site- visit described in Rule 9K- %.009(t), F.A.C.: 1. Two or more resource -based outdoor recreational facilities including a nature trail and fishing pier /observation platform, and two or more user - oriented outdoor recreational facilities including an athletic field and tennis courts shall be provided within 1,000 feet of the project site on adjacent publicly -owned lands. Public walkways and pedestrian clrossings shall be provided to allow for safe connection between the project site and uses- oriented facilities within 1,000 feet of the project site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the nattwral resources on the project site without causing harm to those resources. 2. A permanent recognition sign, a minimum size of V' x 6', shall) be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Collier County. 15- 027 -FF5 October 11, 2005 i're-acquisition in 1682 3. At least 12 regularly scheduled and ongoing educational classes or programs that promote the protection of natural resources shall be provided annually at the project site. 4. Interpretive signage shall be provided to educate visitors about natural resources. 5. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 6. The forested wetlands and mangrove swamp communities that occur on the project site shall be restored and appropriately managed to ensure the long -term viability of these communities. 7. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including listed wading birds. The development of the management plain shall be coordinated with the Fish and Wildlife Conservation Commission to ensure the preservation and viability of listed and non - listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 8. The duality of surface waters shall be improved by the installation of stormwater facilities on the project site that provide wildlife habitat auld/or open space in a park like setting. The development of the stormwater facilities shall be coordinated with the South Florida Water Management District. 9. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 10. Approximately 20 acres of degraded upland community shall be restored in terms of biological composition and ecological function. Invasive exotic vegetation will be removed and the area will be replanted with appropriate native upland vegetation. 11. Approximately 15 acres of disturbed wetlands shall be restored to a natural condition in terms of biological composition and ecological function. The invasive exotic vegetation will be removed, littoral areas will be installed around the wetlands, lakes and marshes, and the area replanted with appropriate native wetland vegetation. 12. An ongoing monitoring and control progrwn for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetatiom The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 05- 027 -FF5 October 11, 2005 Pre - acquisition _10- 1682 13. A feral animal removal program shall be developed and implemented for dogs, cats, ducks, and other non - native wildlife that may be found on the project site. 14. Collier County will coordinate with the City of Naples, the South Florida Water Management District, the Conservancy of Southwest Florida in the preservation, restoration, and management of the project site. 15. An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that area. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 16. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. Bike parking stands shall be installed at the project site to provide an alternative to automobile transportation to the project site. 17. The project site shall be protected and managed as part of linked conservation lands and wildlife corridor. 18. Proposed site improvements shall be designed and located to minimize or eliminate the long -term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ( "Trustees "), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 05- 027 -FF5 October 11, 2005 Pre- acquisition -11- 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shall be recorded by the Recipient in the counry(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Programs Manager that includes the status of the current activity, the reasons for the delay and a time frarne• for the completion of the curing activities. FCT shall submit a written response within thirty (3a) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circuawitances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Ffa. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Mrision of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of EIInviironmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 3. Following the reimbursement of Project Costs, tb)e Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If amt amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 05- 027 -FF5 October 11, 2005 Pre - acquisition -12- 166r 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non - governmental person or organization; b. the operation of any concession on the Project Site by a non - governmental person or organization; C. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non - governmental person or organization; d. any use of the Project Site by a non - governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non - governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V. L, at least sixty (60) calendar days in advance of any such transactions, 05- 027 -FF5 October 11, 2005 Pre- acquisition -13- 1662 events or circumstances, and shall provide to FCT such information as IFCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time- that the Recipient is engaging, or allowing others to engage, in disallowable activities on the• Projects Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equiday, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for army disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILrFY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall 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. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personwl duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday tbi ough Friday. 2. If the Recipient expends a total amount of Stake 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 girth Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including Stale fwd received from FCT, 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. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recioemt shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Shat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Ft&. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. 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 05- 027 -FF5 October 11, 2005 Pre - acquisition -14- 1682 required. If the Recipient 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 non -State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed 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. XIII. DEFAULT; REMEDIES; TERMINATION 05- 027 -FF5 October 11, 2005 Pre- acquisition -15- 16B2 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ( "Events of Default "), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT 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 terms or covenants contained in this Agreement or any previous agreement with FCT 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 from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: 05- 027 -FF5 October 11, 2005 Pre - acquisition a. Terminate this Agreement, provided 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 -return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part of the FCT Award; -16- 16B? d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; 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. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 11 9.07(l), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat. 4. FCT 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. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.1. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable; but shall not invalidate any other provision of this Agreement. 05- 027 -FF5 October 11, 2005 Pre - acquisition -17- 1682 2. No waiver by FCT 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 FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et se .), 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. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease 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 thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT 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. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. BOARD OF COUNTY COMMISSIONERS COLLIER C TY� FLORIDA W. By: Print Name: BRAD W COYLE - Title: CHAIRMAN Date: Approved as to Form e 3, ality: By: Print Name: ATI'B 7 05- 027 -FFS October A J, 2005 Pre- acgm'sition .0 Attest • t0 it m.- g s i gnatw a only FLORIDA COMMUNITIES TRUST Kimball Love Division Director of Housing & Community Development Date: Approved as to Form and Legality: By: Christine M. Cosby Trust Counsel ' 1663 s MEMORANDUM Date: December 1, 2005 To: Pamela Lulich, Transportation /Traffic Ops From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -390 Attached please find a certified copy of Resolution 2005 -390 (Agenda Item #16B3), and three Orignal Agreements as referenced above, approved by the Board of County Commissioners on November 15, 2005. Kindly forward these documents to the State of Florida Department of Transportation for the required signatures and upon completion, return one fully executed original of the Agreement to Minutes & Records. If you should have any questions, please contact me at: 774 -8406. Thank you. Attachments (3) s Florida Department of Transportation .1E13 131 S11 GOVERNOR September 22, 2005 Collier County Ms. Pam Lulich 2885 Horseshoe Drive South Naples, Florida 34104 801 North Broadway Avenue Bartow, Florida 33830 RE: Local Agency Program (LAP) Agreement F. M. Number: 419239 -1 County: Collier F.A.P. No.: Unassigned Description: Landscaping Dear Ms. Lulich: 1683 DENVER J. STCTLER..1R. SECRETARY Enclosed please find three (3) originals of the Local Agency Program (LAP) Agreement for the above referenced project. Please have all originals signed and returned to me. Also, contained with the Agreements, please include two (2) original or originally certified Resolutions rendering an original seal and original signature by the clerk authorizing the County Chairman or a designee to enter into and execute Agreements and other applicable documents pertaining to this Agreement. If I can be of further assistance, you may contact me at (863) 519 -2791 or e-mail Michelle. PerontOcdot. state. fl us. Sincerely, Michelle S. Peronto Local Agency Program Coordinator FDOT, District 1 Cc: File District One, Procurement Office 801 North Broadway Avenue * Post Office Box 1249 * Bartow, FL 33831 -1249 (863) 519- 279��*t8(�3 549- 9�q 4Fax) * MS 1 -18 \' \' \'.11 .S dt�.if.l s 1683 , RESOLUTION NO. 2005 - 390 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO FUND THE CONVERSION OF AN EXISTING IRRIGATION SYSTEM FROM POTABLE TO AN EFFLUENT WATER SOURCE ALONG US 41 FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement ( "Agreement ") with Collier County, wherein FDOT will reimburse Collier County the sum of $50,000 to fund the conversion of an existing irrigation system from potable to an effluent water source along US 41 from Pine Ridge Road to Vanderbilt Beach Road; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to convert this existing irrigation system from potable to an effluent water source, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement. 2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this /�— day of /L!�z!�fG� , 2005. ATTEST: DWIGHT E. BROCK, Clerk By: I� be ty Clerk fttlltt E6.. °Chetnusn' s to form and legal sufficiency: Jeff .`Klatzkow Assi to �ounty Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ' t—�AL FRED W. COYLE, Chairon 1683 7 , 00 State of Florida Department of Transportation 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PROJMGT, RESEARCH &CEVOFC OGC -'tiO3 Page 1 of 12 2 3 ? Fund: SE FLAIR Approo: Org. Code: 55014010106 FLAIR Obj.: Fund: FLAIR Approp: Org. Code: FLAIR Obj.: 3 Contract No: Vendor No.: F 596000558102 ^ederal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction FEEMENT, made and entered into this day of `.veen the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an aoencv of the State of Florida sr called the Department, and Collier County; 2671 Airport Road Naples Florida 34112 . -er called the Agency. -SETH: the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, apartment has been granted the authority to function adequately in all areas of appropriate jurisdiction including entation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida enter into this Agreement; __ FEFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as lose of Agreement: The purpose of this Agreement is to g provide for the Department's participation in c C and as further described in Exhibit "A" attached hereto and by this reference made a part - cinafter called the project, and to provide departmental financial assistance to the Agency and state the terms ons upon which such assistance will be provided and the understandings as to the manner in which the project �_�'taken and completed. nations and Additions: Exhibit(s) A,B,L are attached hereto and by this reference made a part hereof. olishment of the Project: -I Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with cispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all The project will be performed in accordance with all applicable Department procedures, guidelines, - L:.,ilards, and directives as described in the Department's Local Agency Program Manual, which by this -,ade a part hereof as if fully set forth herein. mpioyee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent "s, conditions, and specifications of this Agreement shall be in charge of each project. tion of Agreement: The Agency agrees to complete the project on or before 12/29/2006 does not complete the project within this time period, this Agreement will expire on the last day of scheduled s provided in this paragraph unless an extension of the time period is requested by the Agency and granted in le Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered the project. The cost of any work performed after the expiration date of the Agreement will not be the Department. ,lt to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or cing or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to :roiect hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency consummate, as provided by law, all actions necessary with respect to any such matters so requisite. the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including :irements, to enable the Agency to provide the necessary funds for completion of the project. 16B3: lk State of Florida Department of Transportation 525 - 010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJ MGT, RESEARCH & DEV OFC OGC - 11; 23 Page 1 of 12 FPN No 419239 -1 Fund: SE FLAIR Approo: Federal No: Org. Code: 55014010106 FLAIR Obj.: FPN No Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 03 Contract No: Vendor No.: F 596000558102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an aaencv of the State of Florida. hereinafter called the Department, and Collier County; 2671 Airport Road Naoles Florida 34112 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Lands .aoina and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A,B,L are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 1683 g25 -G �0 PROJ MGT. RESEARCH & DEI OGC - ' I C3 Page 2 of '.2 ,r- ;ission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department reports, records, contracts, and other documents relating to the project as the Department and the Federal :-'.ministration may require. pct Cost: -ni Cost: The estimated total cost of the project is $ 50,000.00 This amount is based upon _'pie of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be :y mutual agreement as provided for in paragraph 4.00 of this agreement. -nartment Participation: The Department agrees to participate, including contingencies, in the project cost to the __:- -vided in Exhibit "B ". This amount includes Federal -aid funds which are limited to the actual amount of - yid participation. _;:- „its on Department Funds: Project costs eligible for Department participation will be allowed only from the date ;'eement. It is understood that Department participation in eligible project costs is subject to: Legislative approval of the Department's appropriation request in the work program year that the project is _,7,eduled Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; Department approval of the project scope and budget at the time appropriation authority becomes available. opriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent n ual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, _ _roval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See ,r funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement :.,nor to funds approval being received. The Department will notify the Agency, in writing, when funds are :i -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more ear, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: !`,e cepartment, during any fiscal year, shall not expend money, incur any liability, or enter into any contract ;rich, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for L)enditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null r.a old, and no money may be paid on such contract. The department shall require a statement from the mptroller of the Department that funds are available prior to entering into any such contract or other binding -mmitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 - -a r. but any contract so made shall be executory only for the value of the services to be rendered or agreed ce paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of -e Department which are for an amount in excess of $25,000 and which have a term for a period of more -an 1 year.” -0 to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed �oartment. :_°.s on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in ,ith applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part ing such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not participation may be approved in the amount determined to be adequately supported, the Department Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. cable non - compliance with provisions of law or FHWA requirements exists, federal funds may be withheld r:ce is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation �oiect costs in part or in total. 16 B3 PROJ MGT, RESEARCH & DEV CFC OGC -? n Page 2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $50,000.00 This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B ". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability; or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non - compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. 168`3 525 -0t� , PROD MGT, RESEARCH & CE,' OFC OGC - ? r03 Page 3 of 12 - mounts cetermined to be ineligible for federal reimbursement for which the Department has advanced payment, -v shall promptly reimburse the Department for all such amounts within 90 days of written notice. ect Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of _nail be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of arry out the project and shall incur obligations against and make disbursements of project funds only in .pith the latest approved schedule of funding for the project. The schedule of funding may be revised by -itten agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded - „artment's Comptroller and to the Department's Federal -Aid Program Office. No increase or decrease shall be .nless it complies with fund participation requirements established in Exhibit "B” of this Agreement and is by the Department's Comptroller. :.v. ,._crds: .zblishment and Maintenance of Accounting Records: Records of costs incurred under terms of this ;,t shall be maintained and made available upon request to the Department at all times during the period of this =ri and for five(5) years after final payment is made. Copies of these documents and records shall be furnished ,r,artment upon request. Records of costs incurred includes the Agency's general accounting records and the cords, together with supporting documents and records, of the Agency and all subcontractors performing work - -�, ect and all other records of the Agency and subcontractors considered necessary by the Department for a ',dlt of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records -gained until all litigation, claims, or audit findings involving the records have been resolved. s Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. xcess of the latest approved schedule of funding or attributable to actions which have not received the required the Department shall not be considered eligible costs. _�mentation of Project Costs: All costs charged to the project, including any approved services contributed by or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers -.q in proper detail the nature and propriety of the charges. `. Reports: Recipients of Federal and State funds are to have audits done annually usinq the following criteria: �;ards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award year, and name of the awarding federal agency. State awards will be identified using the Catalog of State .ssistance (CSFA) title and number, award number and year, and name of the awarding State Agency. it :hat a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single specific audit conducted in accordance with the United States Office of Management and Budget (OMB) _ 133. expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with icular A -133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year have an audit conducted in accordance with OMB Circular A -133, the cost of the audit must be paid from --nds. = �ci<ages and management letters generated from audits conducted in accordance with OMB Circular submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned :e received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 16830 525- 010._0 J MGT. REARCH & DEV OFC OGC - 11,:,3 Page 3 of 12 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment. the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A -133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A -133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A -133, the cost of the audit must be paid from non - federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A -133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 16t PR REGEARC'r: 1EV OFC CGC '1' pace 4 of ' 2 - _na!I follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year ncluding corrective action and current status of the audit finding is required. Current year audit findings :i'✓e action and status of finding. „ed to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the Dived. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and - 7 a,e Auditor General. - - : -.: shall submit required audit documentation as follows: 'ackage and Data Collection Form for each audit conducted in accordance with OMB Circular A -133 shall Clearinghouse - - - :Census th Street ?132 -ion: The Agency shall permit, and shall require its contractors to permit, the Department's authorized :',.,es and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, cs and to audit the books, records and accounts pertaining to the financing and development of the project. =:nt reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- materials vendor to allow public access to all documents, papers, letters or other material subject to the Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. �58(1)(c), Florida Statutes) .i Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of cy must submit to the Department an annual report of its real property acquisition and relocation assistance project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. :st be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department ctober 15 each year. .....;rions and Payments: Requests for reimbursement for fees or other compensation for services or expenses `:e submitted in detail sufficient for a proper pre -audit and post -audit thereof. (Section 287.058(1)(a), Florida ,f funds from this agreement, including those contracted by the Agency, must submit bills for any travel ~gin authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and <-_el of the Department's Disbursement Operations Manual, Topic 350 - 030 -400. 1)(b), Florida Statutes) omp!etion, any claim is made by the Department resulting from an audit or for work or services performed ,agreement, the Department may offset such amount from payments due for work or services done under :-hich it has with the Agency owing such amount if, upon demand, payment of the amount is not made ._ :a,ys to the Department. Offsetting any amount pursuant to this section shall not be considered a breach �s Deparment. 1 , o�o O�T EARCH &, V OFC O 1,103 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A -133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (Section 287.058(1)(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3- Travel of the Department's Disbursement Operations Manual, Topic 350 - 030 -400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 16B,� PROD ,GT, RESEARC, B DEV OFC CGC- 1173 Face 5 ci 12 - Department's Obligations: Subject to other provisions hereof, the Department will honor requests for -,ent to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out ct and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the may elect, by notice in writing, not to make a payment if: representation: The Agency shall have made misrepresentation of a material nature in its application, or any thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant _. '-,iation: There is then pending litigation with respect to the performance by the Agency of any of its duties or :'_,rs which may jeopardize or adversely affect the project, this Agreement or payments to the project; :proval by Department: The Agency shall have taken any action pertaining to the project, which under this ent. requires the approval of the Department or has made related expenditure or incurred related obligations aving been advised by the Department that same are approved; fiict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or s: uit: The Agency has been determined by the Department to be in default under any of the provisions of the ;;eral Participation: The Department may suspend or terminate payment for that portion of the project which the she Department acting in lieu of the FHWA, may designate as ineligible for federal -aid. ailowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred :--icy prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration r-= ement, costs which are not provided for in the latest approved schedule of funding for the project, and costs e to goods or services received under a contract or other arrangements which have not been approved in writing - artment. invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may -,nation or Suspension of Project: --ination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of ,„,s under this Agreement until such time as the event or condition resulting in such suspension has ceased or noted, or the Department may terminate this Agreement in whole or in part at any time the interest of the requires such termination. ariment determines that the performance of the Agency is not satisfactory, the Department shall have the option ,ciately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency irement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at uch time. Suspension of the contract will not affect the time period for completion of this Agreement. -_ -anent requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, —: gent shall notify the Agency of such termination, with instructions as to the effective date of termination or stage of work at which this Agreement is terminated. rent is terminated before performance is completed, the Agency shall be paid for the work satisfactorily Dayment is to be on the basis of substantiated costs. ..,-7 Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension :his paragraph, the Agency shall proceed promptly to carry out the actions required therein which may all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which ;s to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the -re otherwise includable as project costs. The termination or suspension shall be carried out in conformity scnecule, plan, and costs approved by the Department or upon the basis of terms and conditions 1603 525-0 PROJ MGT, RESEARCH & DEV OFC OGC - 11/03 Page 5 -f'2 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect, by notice in writing, not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions 160- �zs 34 DEV OFC GC- 1? C3 Page 60`!2 the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable -csing out of federal financial participation in the project shall not constitute a waiver of any claim which the _ may otherwise have arising out of this Agreement. of the Agency: ?arty Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant :ion contracts or amendments thereto, with any third party with respect to the project without the written :f ' Ie Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. -,ent specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to c :isapprove the employment of the same. : pJance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto -r� (-.!pation by the Department in a project with an Agency, where said project involves a consultant contract for architecture or surveying services, is contingent on the Agency complying in full with provisions of Section !crida Statutes. Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall Department that selection has been accomplished in compliance with the Consultants' Competitive ; %.ct. . -:., antaged Business Enterprise (DBE) Policy and Obligation: 7,olicy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. ;mended, shall have the opportunity to participate in the performance of contracts financed in whole or in part ent funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to - -nt. - -)bligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as piicable federal and state regulations, have the opportunity to participate in the performance of contracts and In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance .! federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity - )r and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex Und performance of Department assisted contracts. -vantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a oject, the Agency must comply with applicable federal and state regulations. ication Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all .. ontracts — 49 CFR 29) submitting this Agreement, the Agency is providing the certification set out below: -f the Agency to provide the certification set out below will not necessarily result in denial of participation in transaction. The Agency shall submit an explanation of why it cannot provide the certification set out ertification or explanation will be considered in connection with the Department's determination whether to transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the , articipation in this transaction. n in this clause is a material representation of fact upon which reliance was placed when the Department inter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous addition to other remedies available, the Department may terminate this transaction for cause of default. ail provide immediate written notice to the Department if any time the Agency learns that its certification was ,yen submitted or has become erroneous by reason of changed circumstances. The terms "covered .speeded," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," -)osal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and ^ns of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a - =gulations. a D34#11103 0.40 [��I OFC Page 6 of 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal -aid contracts — 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. 16B3MGT, RE..$*CH S CEV OFC 3GC - I _'C3 ?aae 7 112 cy further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person -t:arred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, .:,prized by the Department. - ; further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the -nt, without modification, in all contracts and in all solicitations for contracts. r,cy may rely upon a certification of a prospective sub - contractor that the person or entity is not debarred, :ec. ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is s. The Agency may decide the method and frequency by which it determines the eligibility of its sub - contractors. rcy may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal _rent or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services curtained in the foregoing shall be construed to require establishment of a system of records in order to render _�.th the certification required by this clause. The knowledge and information of the Agency is not required to at which is normally processed by a prudent person in the ordinary course of business dealings. ..!thorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, religible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, ,ment may terminate this agreement for cause or default. .:,:,n Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: r, _y certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, --Dr debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal t or agency. aency is unable to certify to any of the statements above, an explanation shall be attached to this strictions, Prohibitions, Controls, and Labor Provisions: :uai Employment Opportunity: In connection with the performance of any project, the Agency shall not a against any employee or applicant for employment because of race, age, religion, color, sex, national origin. -r marital status. The Agency will take affirmative action to ensure that applicants are employed and that _are treated during employment without regard to their race, age, religion, color, gender, national origin, r !narital status. Such action shall include, but not be limited to, the following: employment upgrading, ^r transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of -ion; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all : ^odified only to show the particular contractual relationship in all its contracts in connection with the t of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall >uch contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial aw materials. When the project involves installation, construction, demolition, removal, site improvement, or the Agency shall post, in conspicuous places available to employees and applicants for employment for notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. "I - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the ct of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued and the assurance by the Agency pursuant thereto. half include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil '964, 49 C.F.R., Part 21, and related statutes and regulations. - cans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. ' ? 525 - 010-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11103 Page 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub - contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub - contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. 16B3 y� I - C-40 PROJ MGT, RESEARCH & A I OFC OGC - 111 'C3 Pace 3 ef 12 _.: lic Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not i on a contract with a public entity for the construction or repair of a public building or public work, may not on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, or consultant under a contract with any public entity; and may not transact business with any public entity in _ r ne threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 --n the date of being placed on the convicted vendor list. _ iscrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on , -:inatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the c::on or repair of a public building or public work; may not submit bids on leases of real property to a public entity; t --e awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any r.t and may not transact business with any public entity. ?rehibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any _ubcontract, or arrangement in connection with the project or any property included or planned to be included in in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years ias any interest, director indirect. If any such present or former member, officer, or employee involuntarily .r had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this provided, that any such present member, officer or employee shall not participate in any action by the Agency a:ity relating to such contract, subcontract, or arrangement. shall insert in all contracts entered into in connection with the project or any property included or planned to in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision: ^1,o member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter, rail have any interest, direct or indirect, in this contract or the proceeds thereof." ;ns of this subsection shall not be applicable to any agreement between the Agency and its fiscal s. or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. Crest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United Ili be admitted to any share or part of the Agreement or any benefit arising therefrom. .: czllaneous Provisions: ronmental Regulations: The Agency will be solely responsible for compliance with all applicable ;al regulations and for any liability arising from non - compliance with these regulations and will reimburse the for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable ;a tment Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any .Ian the Agency. ,n Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the -.stitute or be construed as a waiver by the Department of any breach of covenant or any default which may n the part of the Agency and the making of such payment by the Department, while any such breach or default ,all in no way impair or prejudice any right or remedy available to the Department with respect to such breach 'agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, :ar of this Agreement shall not be affected. In such an instance the remainder would then continue to conform - : -.nd requirements of applicable law. or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, gay, any bonus or commission for the purpose of obtaining an approval of its application for the financing 525 -010-40 T , RESEARCH & DEV OFC 16BR]l ``"t OGC - 11/03 Page 8 of 12 12.04 Public Entity Crime: 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 any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non - compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder.would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 525 -010-40 ESEARCH & OFC VV D C?�C - 11;03 Ie9of12 13.06 Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision ;rm any other act or do any other thing in contravention of any applicable state law, provided, that if any of the `he Agreement violate any applicable state law, the Agency will at once notify the Department in writing in --prooriate changes and modifications may be made by the Department and the Agency to the end that the roceed as soon as possible with the project. 1 Tactual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold -e Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or er _ -!:ing out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this :r any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by or any of its officers, agents or employees during the performance of the Agreement. J Department receives a notice of claim for damages that may have been caused by the Agency in the nce of services required under this Agreement, the Department will immediately forward the claim to the Agency. and the Department will evaluate the claim and report their findings to each other within 14 working days and .o scuss options in defending the claim. After reviewing the claim, the Department will determine whether to ^ articipation of the Agency in the defense of the claim or to require the Agency defend the Department in such :Qcribed in this section, The Department's failure to promptly notify the Agency of a claim shall not act as a -F v right herein to require the participation in or defense of the claim by the Agency. The Department and the each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one gates in the defense of the claim at trial, that party is responsible for all expenses at trial. f: .gree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any 'on of law. 3 �s rind Specifications: In the event that this Agreement involves constructing and equipping of facilities on the ;y System, the Agency shall submit to the Department for approval all appropriate plans and specifications :- 'oject. The Department will review all plans and specifications and will issue to the Agency written approval .roved portions of the project and comments or recommendations covering any remainder of the project :ropriate. After resolution of these comments and recommendations to the Department's satisfaction, the :,ill issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written be sufficient cause for nonpayment by the Department. - sf Way Certification: Upon completion of right of way activities on the project, the Agency must certify ith all applicable federal and state requirements. Certification is required prior to advertisement for or ::ids for construction of the project, including those projects for which no right of way is required. -�v Certification: The Agency will certify in writing, prior to project closeout, that the project was completed e with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the nat the project is accepted by the Agency as suitable for the intended purpose. -. ment Format: All words used herein in the singular form shall extend to and include the plural. All words ._;ral form shall extend to and include the singular. All words used in any gender shall extend to and include .Jon of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, so executed shall be deemed to be an original, and such counterparts together shall constitute one in the =nt. -:ons on Lobbying: \gency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Gerson for influencing or attempting to influence any officer or employee of any federal agency, a member r. officer or employee of Congress, or an employee of a member of Congress in connection with the ` ederal contract, the making of any federal grant, the making of any federal loan, the entering into of any - vemen,t. and the extension, continuation, renewal, amendment or modification of any federal contract, '000erative agreement. 525-010 -40 PBM3SERCt EV OFC L ikC -1 V03 Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, Grant, loan, or cooperative agreement. ', D-i0 1P6#3c0gG2C`A H 8 DE`.' OFC - "03 P ce t I. nds other than federally appropriated funds have been paid by the Agency to any person for influencing or r to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. y shall require that the language of this section be included in the award documents for all subawards at all tiers subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all 7: :ents shall certify and disclose accordingly. =: No funds received pursuant to this contract may be expended for lobbyinq the Legislature or a state agency. ;Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under .)reement. If the Agency constructs any improvement on Department right -of -way, the Agency 0 will Q will not the improvements made for their useful life. 'v'endors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The - gent has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial er The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services �; :red, inspected, and approved. , ment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of iz -:nd services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due _able, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be r ..,nless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency -on errors will result in a delay in the payment. The invoice payment requirements do not start until a properly aed invoice is provided to the Department. ;r Ombudsman has been established within the Florida Department of Financial Services. The duties of this _.; include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) Department. The Vendor Ombudsman may be contacted at (850)410 -9724 or by calling the State Comptroller's t 1- 800 - 848 -3792. WHEREOF, the parties have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3oCC Chairman or Designee - :1e: Clerk .'S C s$ CAa PIMA *,'t1te1 only 1. untn Attorney 0 Title: Director of Transportation Development Attest: : Title: Executive Secretary As to form: District Attorney - "'ncumbrance Form for date of funding approval by Comptroller. 525 -010-40 R�G SEARCH 8 - OFC 16 OGC 11103 Page 10 of 12 If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency 0 will 0 will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410 -9724 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: i . r Title. BoCC hairman or Designee Attest: lJWlilJl.•t_ Tit Clerk as Cfia r`9ili elgnatwe on] r As to form: Jeffrey A. Klatzkow Assistant County Attorney By: Title: Director of Transportation Development Attest: : Title: Executive Secretary As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. 525 -0100 16,93 EARCH & DEV CFC OGC - 11103 Pagel,,, °12 FPN N0.419239 -1 EXHiBIT A Project Description and Responsibilities _ a forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of on and �- -ICATION: - Pine Ridge to Vanderbilt Beach Road _. is Q is not on the National Highway System. is Q is not on the State Highway System. -- '-SCRIPTION: affluent water source; directional boring; utility tapping; irrigation; booster pumps; filtration system; repeater equipment. "NSIDERATION BY AGENCY: ...ent Page 1. S{DERATlON BY DEPARTMENT: -c shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 05/06). 6 83 PROJ MGT, RESEARCH & DEV OFC OGC - 1 t(C3 Page 11 of 12 FPN NO 419239 -1 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated PROJECT LOCATION: US 41 from Pine Ridge to Vanderbilt Beach Road The project G is Q is not on the National Highway System. The project @ is Q is not on the State Highway System. PROJECT DESCRIPTION: Conversion to effluent water source; directional boring; utility tapping; irrigation; booster pumps; filtration system; repeater connection; motorola equipment. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 05106). 1683 :c�o cHMENT PAGE t ;- sideration by Agency: conducted outside of the Department Right -of -Way shall adhere to the 2002 Florida Greenbook standards, as conducted within Department Right -of -Way shall adhere to the following: -OT standard specification for road and bridge construction, 2004 edition as amended, and Uy l 1 _T -oadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition eels the following will apply: c;'on 287.055, F.S. "Consultants Competitive Negotiation Act" _7`: `Project Development and Environmental Manual," where applicable e -:;cal Agency Program Manual inform the Department in writing of the commencement and completion of the project. Upon completion of ct phase, the Department will have forty -five (45) days after receipt of the Agency's invoice to review, inspect and e the project phase for payment. shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 05/06). 1683 525 -010-40 ATTACHMEI* PAGE t Special Consideration by Agency: All work to be conducted outside of the Department Right -of -Way shall adhere to the 2002 Florida Greenbook standards, as amended. All work to be conducted within Department Right -of -Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and (2) The FDOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition as amended. For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT "Project Development and Environmental Manual," where applicable c) The Local Agency Program Manual The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion of the project phase, the Department will have forty -five (45) days after receipt of the Agency's invoice to review, inspect and approve the project phase for payment. The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 05106). 6 83 '25- 25 -0JO-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11103 -,NAME & BILLING ADDRESS FPN. No. STATE OF FLORIDA DEPARTMENT OF TRANSFORTATION LOCAL AGENCY PROGRAM 419239 -1 07 ;' imort Road 2003 -2004 2004 -2005 2005 -2006 Total PE $0.00 G =. ='crida 34112 AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING PROJECT DESCRIPTION Landscaping Length N/A - Conversion to effluent water source I TYPE OF WORK by Fiscal Year FUNDING (t i TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE 8 FEDERAL FUNDS 2003 -2004 2004 -2005 2005 -2006 Total PE $0.00 $0.00 $0.00 $0.00 $0.00 Ignt- of -4 "day 2003 -2004 2004 -2005 2005 -2006 Total Right-of-Way Cost :onstr,.ct on 2003 -2004 2004 -2005 2005 -2006 2006 -2007 Total Contract Costs 'onstruction Engineering and Inspection 2003 -2004 2004 -2005 2005 -2006 Total Construction Enqineerinq Total Construction Cost $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 $50,000.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 $0.00 $0.00 $50,000.00 $50,000.00 ESTIMATED TOTAL COST OF THE PROJECT ... _irtment's fiscal vear ha I, 1 1 c__. - ° - -•• - •i •• wi .,MI5 NL,Ject, Tunas are not projected to be available until after July 1st each fiscal year. .cr, nent will notify the Agency, in writing, when funds are available. ork shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon ;tit c approval. AGENCY NAME & BILLING ADDRESS Collier County 2671 Airport Road Naples, Florida 34112 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING PROJECT DESCRIPTION FPN. NO. 419239 -1 1693 FUNDING (1) TOTAL PROJECT FUNDS $0.00 52�C10 -40 (3) STATE & FEDERAL FUNDS PROD MGEAR CH & DEv OFC $0.00 OGC - 111C3 Page 12 of 12 Name Landscaping Length NSA Termini Conversion to effluent water source TYPE OF WORK by Fiscal Year P.E. 2003 -2004 2004 -2005 2005 -2006 Total PE FUNDING (1) TOTAL PROJECT FUNDS $0.00 (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS $0.00 $0.00 $0.00 $0.00 Right -of -Way 2003 -2004 2004 -2005 2005 -2006 Total Ri ht- of -Wav Cost Construction 2003 -2004 2004 -2006 2005 -2006 2006.2007 Total Contract Costs Construction Engineering and Inspection 2003 -2004 2004 -2005 2005 -2006 Total Construction Engineerinq Total Construction Cost $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 $50,000.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $50,000.00 $0.00 $0.00 $50,000.00 $50,000.00 ESTIMATED TOTAL COST OF THE PROJECT The Department's fiscal year begins on July 1. For this project, funds are not projected The Department will notify the Agency, in writing, when funds are available. to be available until after July 1st each fiscal year. *No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are contingent upon legislative approval. EXHIBIT L Landscape Maintenance Agreement A, tic!e 13. ; 4 is expanded by the following: The Eer:a ,ment and the Agency agree as follows: X25- 0,040 PRPJ�AGT, RESEARCH & DEV OFC CGC - 1,, o3 1. Until such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards and procedures (Project Standards). Specifically, the Agency agrees to: (a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; (b) Properly mulch plant beds; (c) Keep the premises free of weeds; (d) Mow and /or cut the grass to the proper length; (e) Properly prune all plants which responsibility includes (1) removing dead or diseased parts of plants or (II) pruning such parts thereof which present a visual hazard for those using the roadway; and (f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original "Project Standards." Tie Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below "Project tandards" caused by the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the event any part or parts of the project, including plants, have to be removed and replaced for whatever reason, then they snail �e replaced by parts of the same grade, size and specification as provided in the original plans for the project. Fur'hermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the _.forementioned responsibilities are not carried out or are otherwise determined by the Department to be not in .cnformance with the applicable project standards, the Department, in addition to its right of termination under paragraph a ), n1a Y at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to 3. It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted .ny tine in the future as determined to be necessary by the Department in order that the adjacent State road be ne(!, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be ;i en "once regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the ;o a its own cost. The Agency will own that part of the project it removed. After the 60 day removal period, the eo<r ^ ent will become the owner of the unremoved portion of the project, and the Department then may remove, cute or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of This Agreement may be terminated under any one of the following conditions: o, By the Department, if the Agency fails to perform its duties under this Agreement following 15 days written notice. b) By either party following 60 calendar days written notice. in the event this Agreement is terminated in accordance with Paragraph 4, the Agency shall have 60 days .r ,-late upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own c nr xperme. The Agency will own that part of the project it removed. After the 60 day removal period portion of the ,e Department then may take any action with the project highway or all or part of the project it deems best, with rcy being responsible for any removal costs incurred. -his Agreement embodies the entire agreement and understanding between the parties hereto and there are no other EXHIBIT L Landscape Maintenance Agreement Article 13.14 is expanded by the following: The Department and the Agency agree as follows: W.5-01C40 J P Mt? RESEARCH 8 DEV OFC OGC - 11,'33 1. Until such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards and procedures (Project Standards). Specifically, the Agency agrees to: (a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; (b) Properly mulch plant beds; (c) Keep the premises free of weeds; (d) Mow and /or cut the grass to the proper length; (e) Properly prune all plants which responsibility includes (1) removing dead or diseased parts of plants or (II) pruning such parts thereof which present a visual hazard for those using the roadway; and (f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original "Project Standards." The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below "Project Standards" caused by the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the event any part or parts of the project, including plants, have to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in conformance with the applicable project standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent State road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60 day removal period, the Department will become the owner of the unremoved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of 4. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the Agency fails to perform its duties under this Agreement following 15 days written notice. (b) By either party following 60 calendar days written notice. 5. In the event this Agreement is terminated in accordance with Paragraph 4, the Agency shall have 60 days after the date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60 day removal period portion of the project, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other 1683 525 -010-40 PROJ MGT, RESEARCH & DEV OFC OGC - 11103 EXHIBIT L Landscape Maintenance Agreement agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the Department. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested or by telex or telegram: (a) If to the Department, addressed to: Michelle-S. Peronto 801 North Broadway Avenue Bartow, Floridan 33830 or at such other address as the Department may from time to designate by written notice to the Local Agency; and (b) If to the Local Agency, addressed to: Pam Lulich 2885 Horseshoe Drive South Naples, Florida 34104 or at such other address as the Agency may from time to time designate by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments. 525.010 -q 9 PROJ MGT,i�ESEARCH 8 DEV OFC OGC -11109 EXHIBIT L Landscape Maintenance Agreement agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the Department. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested or by telex or telegram: (a),If to the Department, addressed to: Michelle -S. Peronto 801 North Broadway Avenue Bartow, Flori,dad .33830 or at such other address as the Department may from time to designate by written notice to the Local Agency; and (b) If to the Local Agency, addressed to: Pam Lulich 2885 Horseshoe Drive South Naples, Florida .34104 or at such other address as the Agency may from time to time designate by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments. 16R4`0 MEMORANDUM Date: November 17, 2005 To: Jeffery A. Klatzkow Office of the County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -391 Enclosed please find one copy of the document as referenced above (Agenda Item #16114) which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you have any questions, please call 774 -8406. Thank you Enclosure ORIGINAL DOCUMENTS CHECKLIST ,& ROUTINI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the vbPrklict anti fnrwarti to Sne Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. appropriate. (Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number J 6 3. Approved by the BCC Qpv , t 5 L o a 4. by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document 5. Sue Filson, Executive Manager Board of County Commissioners Attached i2-c5o k J ►0 •n 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the A,. , � Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number 1' q0 O Contact appropriate. (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number J 6 Approved by the BCC Qpv , t 5 L o a by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Attached i2-c5o k J ►0 •n Documents Attached l INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.44, Revised 1.26.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibl State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here , tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.44, Revised 1.26.05 t RESOLUTION NO. 2005. 391 A RESOLUTION, SUPERSEDING AND REPLACING RESOLUTION 2003 -239, TO PROHIBIT TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD- CARRYING CAPACITY IN EXCESS OF FIVE (5) TONS FROM OPERATING IN THE LEFT LANE, EXCEPT WHEN PASSING OR PREPARING TO MAKE A LEFT TURN, ON IMMOKALEE ROAD FROM AIRPORT - PULLING ROAD TO COLLIER BOULEVARD; GOLDEN GATE BOULEVARD FROM COLLIER BOULEVARD TO WILSON BOULEVARD; COLLIER BOULEVARD FROM GOLDEN GATE BOULEVARD TO US 41; AND ON IMMOKALEE ROAD FROM COLLIER BOULEVARD TO 43PD AVENUE N.E. WHEREAS, Section 316.555, Florida Statutes, permits the Board of County Commissioners to regulate or prohibit any classification or kind of traffic found to be incompatible with the normal and safe movements of traffic on roads and streets under its jurisdiction; and WHEREAS, Section 130 -3 of the Collier County Code of Laws and Ordinances (also cited as Collier County Ordinance 83 -35, as amended) authorizes the county administrator to determine those roads on which trucks in excess of five (5) ton capacity and other commercial vehicles are to be prohibited from operating in the left lane, except when passing or preparing to turn left, and to post notice of such prohibition upon approval of the Board; and WHEREAS, on July 29, 2003, the Board adopted Resolution 2003 -239 which established these prohibitions on Immokalee Road from Airport- Pulling Road to Collier Boulevard; Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard; and Collier Boulevard from Golden Gate Boulevard to US 41; and WHEREAS, the county administrator has determined that these prohibitions should be established for the portion of Immokalee Road from Collier Boulevard to 43`d Avenue N.E.; and WHEREAS, the Board has determined that it will be in the best interest and benefit of the citizens of Collier County to include the portion of Immokalee Road from Collier Boulevard to 43`d Avenue N.E. to the roadways listed in Resolution 2003 -239; and that Resolution 2003 -239 be rescinded and this new Resolution take its place. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. This Resolution shall supersede and replace Resolution 2003 -239. 2. Trucks in excess of five (5) ton capacity and other commercial vehicles, except when passing or preparing to turn left, are prohibited from operating in the left lane on: Immokalee Road from Airport- Pulling Road to Collier Boulevard; Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard; Collier Boulevard from Golden Gate Boulevard to US 41; and on Immokalee Road from Collier Boulevard to 43rd Avenue N.E. 3. Authorization is hereby given to the Collier County Transportation Services Division to erect proper signage to advise motorist of the prohibition in accordance with Section 316.555, Florida Statutes. 1684 4. The effective date of the prohibition shall be after written notification to the Sheriff's Office and upon posting of appropriate signage. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this L day of 1'41)yein der' , 2005. ATTEST: DWIG�IT,E.,B�OCK, Clerk BY: J ,oz-, Atts*j' A.O &J#Wy1C&erk p �atd0A11 A P iw,pq _ Jeffre�lat�kow Assist t Cftnty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: A4 W. C, FRED W. COYLE, ChaillInn Item # I w LZ Agenda l �� Date Date � i LiLa Los Rec'd C� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS —E THE BOARD OF COUNTY COMMISSIONERS OFFICE t'�� Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing fines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4. complete the rh -16.1; r ,..a � _ _• Route to Addressee(s) (list in routing order) _ _ ._.__ _-- -..__ ....... ...... Office .v....uu w Luc runup tune U). Initials Date 1. l - �_v�5c, (Initial) 2. Agenda Date Item was signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Approved b the BCC 4. S. Sue Filson, Executive Manager Board of County Commissioners Number of Original 6. Minutes and Records Clerk of Court's Office contracts, agreements, etc. that have been fully executed by all parties except the BCC PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff V., -1 �J.1i. A" J Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact l - �_v�5c, (Initial) 7 �� - Y'�,a Agenda Date Item was signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number Approved b the BCC i f ' (."> ' c' Type of Document �� Number of Original Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached t' t TN .qTR1I1"TT01VC .v rT-TT'rWT Tcm I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 V., -1 �J.1i. A" J Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not I. appropriate Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) A licable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. l 4. ';Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnature and initials are required. 1 5. In most cases (some contracts are an exception), the original document 4nd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain i A time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 EASEMENT 16C2 Form 3722 -A (Stocked) Rev.7 /94 Work Order No. Prepared By: Thomas A. Deusa Name: Anne Harris Sec. 06, Twp. 48, Rge. 25E. Co. Name: FP &L Co. Parcel I.D. 41823400008 Address: 4105 S.W. 15th.Ave. (Maintained by Property Appraiser) Naples, Fl. 34116 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width, described as follows: An FP &L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by Thomas E. Rhodes, Sr. of Rhodes & Rhodes Land Surveying, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNE §yS WHEREOF, the undersigned has signed and sealed this instrument on this _� day of WCU e vh loo- ^ 2005. rrrrr �. 3734269 OR 3930 PG; 1736 �9ard of County Commissioners, as the Governing Body of RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Collier County and as "Ex- Officio" the Governing Board of 11/16/2005 at 01:39PN D(iIGHT B. FROCK, CLERK w the Collier County Water -Sewer District RBC FEE 18.50 DOC -30 ,70 W ' COPIES 2.00 Retn: y, REAL ESTATE SERVICES Fre'd, 41'��Ctiyle, Chairman INTEROFFICE ATTN: THON 3301 Tamiami Trail East Naples, Florida 34112 Attest: 3 Dwight E 'ipeki );*� -. .�4tte�t as , 3301 T -' iami Trial.East�4' Naples, Florti�da 341` 1 2 Approved as to forrn and Legal sufficiency.- The Board Of County�oved By Commissionere Collier County Florida, Pursuant To 1gnda • f Date: 1 i s , ltem No:_1iL Et en T. Chadwel /, Assistant Coun(y Attorney p QN o CO r l� w ° U O z Lu Ly p Q W Lil In 4 w <� Zoe °ZZwo �S !� �F mlwWiZ- 'p��WOS p _I °Q ..°Watall Q_ N �zN Q H W W °O°t°n alaC� wz JUNOJQQUF- UJC�/1 W Z W W�W 1- N WOp'QX lL O O LLJ WirW i UZ ZWQU Q WQ4Wn U7 8O ° Q.-M. w ° wmoa - o O l2r-1 C1 — I S � X� Wa VANDERBILT BEACH ROAD 56.21' i 1ov-11 �--- CHERRYWOOD DRIVE OR. fjl, 737 kZ�+1 O ►-1 OD a_ ul z u 7 w a A _N A a Z W Z o Q N x IWI�/ Q X W N W D J J W H F F � Rq EIWI .11 ..+ ti M 1) 1 dl try N: 00 d U O O�Z.�o w wtnz 'UZI 8 fs. � �• co O O M COA AO� W a r` 127 d rl _ r- Z tl• O O a z L� Eil' �kw Qn —wg 60 TGW O W J W DNI 4 Q IFWI��-i'1 {{yy� = um ,F L:jW J WW6 I0 O of le �a �I-pta \\ \ \ \, _w `_�4 ¢J pNaNq gi W �4�-.I �u WTM� -ay WA aa�0�'aa II 11 a J 1W11 11 li 11 U II q R, q -II q F1 R aaaaa a x'"3 W WD i3 z 0 F > > , I Z pp, ti 2 $ �KO GZ W.Ui (JJ'44d ��. N�QMQg W�Q1�,1 y�,W o.•ZZOGaa W"1 uuN�Z2PWU2 P44UNUWWO;2Z >Q1 ti I II II 11 11 4A W 11 11 11 II 11 J II II N II 11 11 U is O \OZ --OJ �tk82Q Wz Z 0, UW W141�1�41.L Z2 ❑LL N H r W Z 2 a 1-yd. ¢Wa a ra u v O W oa¢ w CA, A =z 1: M W oo J W H W A �1n W ¢Qt�j a to 0 MWCL A NUZ-i O J .. lL a fawn' � � �Z+ f=n W I Q W = "ia W i rJu 0�,r.�� DATE: TO: FROM RE: �6C NE iy 0acrCI9 Memorandum December 14, 2005 Sheree Mediavilla, Senior Analyst Risk Management Department Jack Curran � 17;�7 z Purchasing Agent Review of Insurance for: 05 -3892 "South County Water Reclamation Facility Rehabilitation— Piping and Odor Control Modifications" Douglas N. Higgins, Inc. Phis Contract was approved by the BCC on November 15, 2005, Agenda # 16.C. 3 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 6098 cc: Howard Brogden, PUED 16C3 ITEM NO.: DATE RECEIVED: FILE NO. D --a0 3 eU ROUTED TO: DO NOT WRITE ABOVE THIS LINE ,J REQUEST FOR LEGAL SERVICES \L0 Date: December 14, 2005 n �r To: Robert Zachary DATE MAILED Assistant County Attorney '�ryhff (.0VV From: Jack Curran /�j� RISK Purchasing Agent MANAGEMENT 239/417 -6098 Re: Contract #05 -3892 "South County Water Reclamation Facility Rehabilitation— Piping and Odor Control Modifications" Contractor: D. N. Higgins, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 15, 2005 a Cz 0 Agenda Item: 16.C.3 n Z This item has not been previously submitted.r�r- . ACTION REQUESTED: � ~ T- 00 Z Contract review and approval. �� r' W OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. G `2� �2 1603 MEMORANDUM Date: December 22, 2005 To: Jack Curran, Purchasing Agent Purchasing Department From Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #05 -3892: "South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications" Enclosed, please find three (3) original documents as referenced above, approved by the Board of County Commissioners on Tuesday, November 15, 2005 (Agenda Item #16C3). One original is being forwarded to the finance department and one original document is being retained for the record. If you should have any questions, please call me at 774 -8406. Thank you. 16C3 South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications COLLIER COUNTY BID NO. 05 -3892 COLLIER COUNTY, FLORIDA Design Professional: Hole Montes COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16C3 ; TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Hole Montes and identified as follows: South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications as shown on Plan Sheets 1 through 9. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records 16C3 ; PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA "South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications" COUNTY BID NO. 05 -3892 Separate sealed bids for the construction of South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 29th day of September, 2005, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 9th day of September, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications, Bid No. 05 -3892 and Bid Date of September 29, 2005 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the GC -PN -1 16C3 required bonds and insurance within fifteen (15) calendar days after the receipt of the ` Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 29th day of August, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing /General Services Director GC -PN -2 16C3 - 1 4�1_f4 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, -y Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -8 -1 1603 : location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -IB -2 16C3 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-113-3 16C3 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. GC -B -4 16C3 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. G C -I B -5 16C3 Y; Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC -IB -6 16C 3 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -IB -7 16C3 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732 -2667 FAX (239) 732 -0844 ADDENDUM DATE: September 9, 2005 TO: Interested Bidders FROM: John P Curran Purchasing Agent http: / /co.collier.fl.us - SUBJECT: Addendum # 1 — Bid #05 -3892- "South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications" Addendum #1 covers the following changes for the referenced Bid: Suppliers submitting proposals for the above - referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Technical Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page WS -P -1 of the Bid Proposal. TECHNICAL SPECIFICATIONS A. Plans Sheet # 5: Section A reads 16" plug valve and flanged. Change: to read: 18" plug valve and flanged. B. Plans Sheet # 6: Top Left Corner of Page Notes state cut 24 "x16" Flange with 16" valve Change: to read cut 24" x 24" x 16" valve. A -1 16C Y 3 If you have any questions regarding the specifications, please contact Derek Moorley, Project Manager, Public Utility Engineering Department at 239/530 -6213, fax 239/530 -5378, or by email to derekmoorleva- colliergov.net. cc: Derek Moorley, Project Manager A -2 CONSTRUCTION BID 16C3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA South County Water Reclamation Facility rehabilitation — Piping and Odor Control Modifications BID NO. 05 -3892 Full Name of Bidder Main Business Address 1 mm 0 1((0 O's 861 ?)Jki NJ- S m q90 r- Place of Business j ✓cA 1 �C�S� �U� i f i�� S rL �q f I Z Telephone No. S (1,39)77q - ;3 1 ) 0 Fax No. � 77q -qZ U6, State Contractor's License # C G 0(00191 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 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 and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials �� 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 4 BID SCHEDULE 16C3 '? South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications Bid No. 05 -3892 Item Description Unit Unit Price Total Price 1 Provide modifications to piping systems and odor control systems at the South County Water LS $217,900.00 $217,900.00 Reclamation Facility per attached specifications and drawings TOTAL BID AMOUNT $217,900.00 TOTAL BID PRICE IN WORDS: Two hundred seventeen thousand nine hundred dollars and no cents GC -P -2 1 MATERIAL MANUFACTURERS 16C3 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 2. 3. 4. 5. Dated A 2 q 0� GC -P -3 MANUFACTURER /-ern r l c ni Bidder JJ LIST OF SUBCONTRACTORS 16C3 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 Ordinance 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. Category of Work Subcontractor and Address 1. Zle C 7 ri A ro. f I ,5 2 94IL Ally/P C� 2. 3. 4. 5. Dated q °i A . Bi er BY: GC -P-4 STATEMENT OF EXPERIENCE OF BIDDER 16C3 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 Agreement. Proiect and Location Reference 1. 61 2. 3. 4. 5. 6. Dated G� �R �� S /V, MC o -� C Bidder , BY: GC -P -5 4 — Project: Owner: Engineer: DOUGLAS N. HIGGINS, INC. EXPERIENCE STATEMENT FLORIDA PROJECTS Immokalee Florida Specialties Ditch Enclosure Contract # 04 -3612 DNH Project #970 -03 Collier County Transportation Services Division Stormwater /Road Maintenance Department 2685 South Horseshoe Drive, Suite 212 Peter Heyden, P.E. (239) 213 -5859 Agnoli Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 John H. Boldt, P.E. P.S.M. (239) 597 -3111 Contract Amount: $515,931.50 Contract Date: May 2004 Completion Date: August 2004 Description: Installation of 600 LF of 5' x 15' Box Culvert and 500 LF of armor mat. Stormwater/Road Maintenance Department 16C3 Project: Palm Street Outfall Contract # 02 -3345 DNH Project #960 -03 Owner: Collier County Transportation Services Division Stormwater/Road Maintenance Department 2685 South Horseshoe Drive, Suite 212 Jerry Kurtz, P.E. (239) 213 -5853 Engineer: Collier County – Owner Engineered Contract Amount: $594,525.00 Contract Date: February 2004 Completion Date: June 2004 Description: Installation of 1000 LF of 60" Storm Sewer and 500 LF of Box Culvert, including seven structures. 9 Project: Western Interconnect Phase 2 Contract # 03 -3545 16C3 DNH Project #940 -03 Owner: Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Ron Dillard, P.E. 239 -530 -5338 Engineer: Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Michael Clough, P.E. 239 - 254 -2000 Contract Amount: $1,765,295.00 Contract Date: October 2003 Completion Date: August 2004 Description: Installation of a new sanitary forcemain and two lift stations. * * * * * * * * * * * * * * * * * * * * * * * * * * ** Project: Reuse Water Service System Connections Phase 2 Contract # 03 -3560 DNH Project #950 -03 Owner: Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, FL 34112 Ron Dillard, P.E. 239 -530 -5338 Engineer: Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Michael Clough, P.E. 239 - 254 -2000 Contract Amount: $577,000 Contract Date: January 2004 Completion Date: August 2004 Description: Installation of a seven Reuse Water Service System Connections including assemblies and all electrical work. 4 a Project: Naval Air Station — Repair Storm Water & Sanitary Sewer Systems — NAF, Key West Contract N62467 -03 -0282 DNH Project #825 -03 1 Owner: U.S. Department of the Navy _.�. P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 David Franklin (843) 820 -5733 Contract Amount: $3,654,654.00 Contract Date: November 2003 Completion Date: December 2004 a VVs KK Description: Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties Project: North Andrews Gardens Neighborhood Improvements Project Bid Package No. 5 BCOES Project #1146/8409 DNH Project #1300 Owner: Broward County Board of Commissioners 115 South Andrews Avenue Fort Lauderdale, FL 33301 -- Contract Amount: $9,779,615.80 Engineer: Miller, Legg & Associates, Inc. Patrick MacGregor, Project Manager Completion Date: Fall 2003- completed on time and within the awarded contract amount Project: Robert Gabriel Apartments — Site "A ", Site "B" and Site "C" The Housing Authority of the City of Key West DNH Project #777 -02 Owner: The Housing Authority of the City of Key West Contract Amount: $270,500.00 Completion Date: November 2002 Project: Naval Air Station — Replace Sewer — Trumbo Point — NAF, Key West Contract N62467 -0I -X -0387 DNH Project 4880 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 Contract Amount: $1,859,155.00 Completion Date: November 2002 Project: Owner: Engineer: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Project Description Completion Date Project: Owner: Contract Amount: Completion Date: Sanibel Sewer System Expansion Project Phase 2B DNH Project #1200 -01 City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 $4,572,036.97 October 2002 16C3 s Sanitary Sewer Rehabilitation for Service District F & G DNH Project #1125 -00 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 July 7, 2000 $6,994,597.15 Installed approximately, 23,550 L.F. of 8 ", 1,870 L.F. of 10 ", 1,625 L.F. of 12 ", 2,325 L.F. of 15" and 45 L.F. of 20" of sanitary sewer and related appurtenances. October 2002 Naval Air Station — Lift Station Transmitter System- Sigsbee Park — NAS, Key West Contract N62467 -01 -C -2766 DNH Project #880 -01 U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 $529,514.50 September 2002 Project: 'w Owner: Contract Date: Contract Amount: Completion Date: Project: Owner: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project: Owner: General Contractor: Contract Amount: Completion Date: Interior Electric Renovation at East Martello Tower Monroe County, FL DNH Project #840 -02 Monroe County, Florida August 21, 2002 $69,000.00 September 2002 Naval Air Station — Replace Sewer — Truman Annex — NAS, Key West Contract N62467 -0I -X -0370 DNH Project #825 -01 U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 $1,276,321.00 August 2002 Irrigation Upgrades for Naples Memorial Gardens DNH Project #810 -02 Naples Memorial Gardens Conestoga- Rovers & Associates March 11, 2002 $167,326.75 August 2002 16C3 •� Construction of S.R. 45 (US41) from Gulf Dr. to Immokalee Road (CR846) and from Immokalee Road to CR887. Naples, Florida DNH Project #975 -00 Florida Department of Transportation APAC - Florida, Inc. 14299 Alico Road Fort Myers, FL 33913 $1,604,968.50 May 2002 Project: Limestone Creek Phase II -A 6 C3 Project: Palm Beach County, Florida � DNH Project #980 -01 Owner: Palm Beach County, Florida Owner: Engineering Services Division Office 160 Australian Avenue, Suite #503 West Palm Beach, FL 33406 Contract Date: Charles Rich, P.E. Contract Date: April 17, 2001 Contract Amount: $436.658.70 Completion Date: April 2002 Project: Sanitary Sewer Rehabilitation for Service District C DNH Project #1025 -99 Owner: City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: January 5, 2000 Contract Amount: $6,291,463.36 Project Description: Installed approximately 425 L.F. of 6 ", 25,050 L.F. of 8 ", 425 L.F. of 10 ", 1,700 L.F. of 12 ", 400 L.F. of 15" and 1,350 L.F. of 20" of sanitary sewer and related appurtenances. Completion Date: March 2002 Project: Waterworks Improvements — Port Royal Pump Station Project #2000.003 DNH Project #1070 -00 Owner: City of Naples, Florida 735 Eighth Street South Naples, FL 34102 Contract Date: September 6, 2000 Contract Amount: $1,851,352.02 Completion Date: March 2002 Project: Potholes for 10" Water Main Marco Island, Collier County DNH Project #1220 -02 Owner: Florida Water Services 4110 Center Pointe Drive, Suite 204 Fort Myers, FL 33916 Joe Zawacki (941) 278 -5050 Contract Amount: $7,800.00 Completion Date: March 2002 Project Description: Located 24 Potholes for 10" WM from Lime Plant to Old Marco Lane Project: Henderson Creek Interconnect Marco Island, Collier County DNH Project #1200 -01 Owner: Florida Water Services 1000 Color Place Apopka, FL 32703 Jan Spry (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: $77,000.00 Completion Date: February 2002 Project: City of Key West — General Lateral Services Contract 2001 -2002 DNH Project 1325 -01 Owner: City of Key West, Florida 1400 Venetian Drive Key West, FL 33040 Charles Stepheson Contract Date: 2001 -02 Contract Amount: Various Dollar Amounts for Individual Projects Project: Seawall Replacement 16C3 � Marco Island, WWTP, Collier County DNH Project #1210 -01 4 Florida Water Services 6Owner: 1C3 1000 Color Place ' -W Apopka, FL 32703 = Jan Spry (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: $156,950.00 Completion Date: December 2001 Project Description: Replace Seawall at Marco Island WWTP Project: City of Key West Pump Station A Rehabilitation and Force Main DNH Project #01 -1225 Owner: City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Engineer: Allen Perez, P.E. (305) 292 -0642 Contract Date: March 23, 2001 Contract Amount: $941,759.00 Completion Date: December 2001 Project: Everglades City- Pleasure Island DNH Project #700 -01 Owner: City of Everglades City, Florida 16C3 207 Broadway Everglades, FL 34139 Engineer: Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936-4003 Contract Date: Contract Amount: $296,831.25 Completion Date: October 2001 Project Description: Installed 16 Simplex Grinder Pump Stations, 2,566 L.F. of 1 -1/2 ". and 2" Force Main, 1,806 L.F. of Water Main and other related appurtenances. Project: Everglades City- Public Works Storage Building DNH Project #710 -01 Owner: City of Everglades City, Florida Owner: 207 Broadway Everglades, FL 34139 Engineer: Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Contract Date: Fort Myers, FL 33919 Contract Amount: Contact: Richard Lewis Project Description: Phone: (941) 936-4003 Contract Date: January 12, 2001 Contract Amount: $110,560.00 Completion Date: June 2001 Project: Collier County — Goodland Culvert Improvement Purchase Order #007281 DNH Project #760 -01 Owner: Collier County Government Board of County Commissioners P.O. Box 413016 Naples, FL 34101 -3016 Contract Date: September 16, 2000 Contract Amount: $178,000.00 Project Description: Install (4) Reclaimed Water Motor Operated Valves at the South County Water Reclamation Facility. Completion Date: May 2001 Project: Basin VI Drainage Improvements Project #6680 -24619 16 C.3 ; Contract Amount: $37,939.00 Completion Date: November 2000 Project Description: Installed 1,036 LF of 18" RCP and 35 LF of 42" RCP, 1 Lift Station Wetwell and Valve Vault, 446 LF of 8" SDR and related appurtenances. Project: DNH Project #970 -00 Owner: City of Naples, Florida Owner: 735 Eighth Street South Naples, FL 34102 Engineer: Camp Dresser & McKee Contract Date: November 24, 1999 Contract Amount: $3,111,455.00 Completion Date: Spring 2001 Completion Date: October 2000 Project: Indigo Lakes Collier County, Florida Subcontractor to Guyman Contraction DNH Project #1000 -00 Owner: Collier County, Florida General Contractor: GUYMAN Construction 5686 Youngquist Road Fort Myers, FL 33912 16 C.3 ; Contract Amount: $37,939.00 Completion Date: November 2000 Project Description: Installed 1,036 LF of 18" RCP and 35 LF of 42" RCP, 1 Lift Station Wetwell and Valve Vault, 446 LF of 8" SDR and related appurtenances. Project: Clam Bay Interior Channel Construction Phase I1 DNH #790 -00 Owner: Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Contact: Kyle Lucas Contract Date: May 2000 Contract Amount: $99,703.07 Completion Date: October 2000 Project Description: Dug Channels in Clam Bay to nourish cypress trees Project: Marco Shores Reclaimed Line Relocation DNH Project #990 -00 Owner: Florida Water Services Project #80221- Bid 00 -3033 1000 Color Place Apopka, FL 32703 6 Owner: Collier County Water -Sewer District { C.3 3301 East Tamiami Trail (407) 880 -0058 Naples, FL 34112 Engineer: Florida Water Services Engineer: Hole, Montes & Associates, Inc. P.O. Box 609520 715 10`h Street South Orlando, FL 32860 (239) 262 -4225 (407) 880 -0058 September 28, 1999 Contract Amount: $81,940.00 Completion Date: Completion Date: August 2000 Project: Flagler Interceptor, Phase II Sanitary Sewer Rehabilitation DNH Project #925 -99 Owner: City of Key West 525 Angela Street Key West, FL 33040 Ed Doty (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: March 31, 1999 Contract Amount: $5,114,565.16 Completion Date: June 2000 Project: Hideaway Beach T -Groin Construction Project #80221- Bid 00 -3033 DNH #750 -00 Owner: Collier County Water -Sewer District 3301 East Tamiami Trail Naples, FL 34112 Harry Huber (239) 774 -8425 Engineer: Hole, Montes & Associates, Inc. 715 10`h Street South Naples, FL 34102 (239) 262 -4225 Contract Date: September 28, 1999 Contract Amount: $129,550.00 Completion Date: June 2000 Project: Naples Beach Rock Removal Collier County Contract No. 99 -2995 DNH Project #995 -00 16C3 TRENCH SAFETY ACT 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. � �� v X2_00, vv 2. 3. 4. 5. TOTAL $ P ©O , Failure to complete the above may result in the Bid being declared non - responsive. Dated a zm I I 00J 1 14-IC. Vidder ji BY: WIAILL GC -P -6 6C 3 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 Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner'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 al 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 and Fifty (150) 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 and Eighty (180) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of %t I 1 f qan County of was i'TO <4 KPI I Iq h, oath deposes ands s that the Bidder on the above Bid that all statements herein made are made on behalf deponent is authorized to make them. _ _, being first is organized a: of such Bidder duly sworn on indicated and and that this LI' 1 K �P- , also deposes and says that it has examined 4nd 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 16C3 4, ,m (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of A11911 which operates under the legal name of S r y-6 TtIC - , and the full names of its officers ar,6 as follows: President D(Aof a,S N. lfiooi,�6 SecretarvR I SyiMIlkle, VV�a Treasurer lZ - S Z,'400e, W k.e'r nel iv, ii V, S; i 2f�Sc�vl ke l! 1 k► e The C� S d is authorized to sign construction bids and contracts for the compan by action of its Board of Directors taken Ma V 15 2-00 , a certified copy of which is hereto attached (strike out this I st 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 GC -P -8 legal entity 1 16C3 BY: (,� ��. f t oo Witness Nam of Bidder (T d) i Wi ess Signatur vim- Title STATE OF M COUNTY OF The foregoing instrument was acknowledged before me this �°�1 day f Se P411 , 2005, by I N, l , as I - ��e _I 4641 of a MI corporation, on behalf of the rporation. J 4AP./she. is personally known io me or has produced as identification and did (did not) take an oath. My Commission Expires: {AFFIX. OFFICIAL SEAL) NAME: GC -P -9 s (Signat f N tary) Pav/d J.W,Ikv (Legibly Printed) Notary Public, State of(�iIC Commission No.: DAVID JoSEpH MIME Notary public, Vvas,tf��avuoi,antgr. Aril Nly �omr�lsss xr ['xiees +gay ? y °rag; 16C3 CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on May 15, 2005 and that said resolution is in full force and effect: "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, Inc., any and all contracts and documents." Douglas N. Higgins �--- Daniel N. Higgins William D. Higgins 1naik(z? j= Kevin E. Schwiderson James H. Sweet o Kelly A. Wilkie Dated: May 15, 2005 R. Suz nne Hawker Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 5 1940 NORTH MONROE STREET 6 e 1396 J; TALLAHASSEE FL 32399- -0783 4IGGINS, DANIEL NORMAN DOUGLAS N HIGGINS INC 3390 TRAVIS POINTE ROAD, SUITE A ANNN:ARBOR MI 48108 STATE OF FLORIDA AC#. 2 5 719 5 .DEPARTidSNT' OF' BUSINESS• ,1�TD _:' PRQFLS'SI01�'I�"YI�EGTILATTON- nlc0rAV AC•D=nr1IDCM QV 1'A1A/ CGC0.601$9!f r�Qr04.0.195365 G � •.� .�tixr>,•' CERTIFIED7 .r^ nr ;,��- TRACTOR HIGGINS,. �_ Ir DOUGLAS NaH..w IS CERTIFIED under the provision& ot. Ch.489 as sapiraeion dace. AUG: 31, 2096 L0408z70i54a DETACH HERE STa1TEQOF FLORFD�p► DEP R't'MENT OF -B.USINES ANL�' FROFES'SIONAL _REGULATIQDT CQI STR(TCTTOI� T MUSTRY LICENSING 04.082701'540 BOARD= SEW .n04-082-701-540 1 - L2.CENSE.- I�IBR' 0� 20�Q4 ,QQ.295£3¢fi��. CGCQ�Q�7.8'9" �. >, h-.x . �.,.._- �.;�..��..,. ..> TL..�_ ..I �T_ 41TTIT '1�- T�•:..,'/"1I11TRfT]'It 17�T.f/'1Tfr..:::- - -....: - y1`�..Y i:.-- y!^.+- ^_:�cIR`�.•.. +r ^_,' J'kt a�3.:.1q -�. e.� ` -�: - nlc0rAV AC•D=nr1IDCM QV 1'A1A/ KNOW ALL MEN BY THESE PRESENTS, that we 16C3 Douglas N. UNIDO, Inc 3390 Travis pointe Pd. Ann Arbor, NI 48109 (herein after called the Principal) and Hartford Accident and Indemnity Co. (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford, CT and authorized to do business in the State of FL are held and firmly bound unto the Board of Canty Cmdssicn= Collier Canty,FL (hereinafter called the Owner), in the full and just sum of five percent of attached bid dollars ($ 5% ) 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 South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications Bid No. 05 -3892 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 16C3 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 29th day of September , 2005. Douglas N. Higgins, Inc 3390 Travis Pointe Rd. Ann Arbor, MI 48108 Principal BY i . Wdttt, (Seal) itaftlb�dAooido„ �g Co ke4 A , Wj , e , �'� cc - le-� 161 'e" Surety 1tq,Ml 4W Vicki P. Gardner 8008728303 v Attorney in Fact (Seal) Date A Belts Countersigned FL Resident Agent Miami, FL 33172 ** 305 5910090 Local Resident Producing Agent for P08avc30t3! 8' Ift o 4w 800 8728303 GC -P -11 Direct In 16 iO60A L Fs POWER OF ATTORNEY BOND, HARTFORD, CONNECTICUT 06115 calla 888- 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut XO Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. i�r•y,� t1G r�r,�D 00!%. i ti.9at f Soo • Nst�M• o • .015 C11 Paul A. Ber genholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD Colleen Mastroianni, Assistant Vice President On this 25h day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. • ' Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 29, 2005 Signed and sealed at the City of Hartford. .rr 14 8 7 L �►/► "?,. �':,rrrVrlhtr /; • �ptAM' 1t>a ?Y L OtI.10. Yves Ca /ntin, Assistant Vice President POA 2003 16C3 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, 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 information 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: 05 -3892 South County Water Reclamation Facility Rehabilitation - Piping and Odor Control Modifications September 29, 2005. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening 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 DoJVS N. Bidder Name VICe Signatutd & Title DATE: Ste% O-/1 , SOS GC -P -12 16C3 , CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Douglas N. Higgins, Inc., ( "Contractor ") of 2887 Tamiami Trail East, Suite #1, Naples, FL 34112, a Michigan Corporation authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with County County Water Reclamation Facility Rehabilitation— Piping and Odor Control Modifications, Bid No. 05- 3892( "Project "), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: [DESCRIBE IN WORDS] two hundred seventeen thousand, nine hundred dollars and zero cents ($217,900.00) GC -CA -1 16C3 , Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred and Fifty (150) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, - Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC -CA -2 16C3 � such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Four Hundred and Sixty One Dollars and Forty Cents ($461.40) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor 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 the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the - part of the Owner. GC -CA -3 16C3 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Holes Montes and identified as follows: South County Water Reclamation Facility Rehabilitation Piping and Odor Control Modifications as shown on Plan Sheets 1 through 9. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: GC -CA -4 16C3 Mr. Howard Brogden Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail, Building H Naples, Florida 34112 Tel: 239 - 530 -6213 Fax: 239- 530 -5378 Email: HowardBrogden(cD-colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Ms. Kelly Wilkie, Vice President Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite #1 Naples, FL 34112 Tel: 239 - 774 -3130 Fax: 239 - 774 -4266 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -CA -5 •, 16C3 Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in GC -CA -6 16C3 �! a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -7 16C3 **4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: GG� RST WITNESS Type /Print Name 4��z -� bl SECON NESS bAylo T. 1VI L.K._r c Type /Print Name CONTRACTOR: Douglas N. Higgins, Inc. By: Type /Print Name and Title Date: I a " a'a'" OWNER: ATTEST:., BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA DwigNt- 8, ck, � @ <" BY t r�, ` 6ignat�►�r Z,7nl Approv'(5d As To, Fpkm and Legal Suffi`ci'ency: sis nt ,ounty Attorney GC -CA -8 BY: Ui Fred W. Coyle, Chairma Item # 1 (-0 (—'3- Agenda I Date Date I a a a RRec:d peg Jerk S EXHIBIT A 16C 3 1# PUBLIC PAYMENT BOND South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications Bond No. 35BCSD0 81.93 Contract No. 05 -3892 KNOW ALL MEN BY THESE PRESENTS: That Douglas N. Hi ,gins, Inc. , as Principal, and Hartford Accident and Tnd mni y Co- as Surety, located at PO Box 3001, Troy, MI 48007 (Business Address) are held and firmly bound to Board of County Camissioners, Collier 90 mty, FL as Obligee in the sum of two hundred seventeen thousand nine hundred and 002100 ($ 217, 900.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 7th day of December 2005, with Obligee for as stated above in Collier County, FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this Rth day of December 2005, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. GC- CA -A -1 Signed, sealed and delivered in the presence of: Witnesse"s to Principal ally, o T- Wi Lxj --- STATE OF /mow Oi� f1iW COUNTY OF "S WA✓ 16C3 n PRINCIPAL Douglas N. Higgins, Inc. BY: �t NAME: 71 ITS: l/i c f — ,lle4C,,5w?Z c➢ . ' The foregoing instrument was ackA wledged before me this e A� of 200zE, by ��L f as /i Cc- i1%1/d��,�d� of c*� f, mss' c, , a Ad,/ ) corporation, on behalf of the corporation. , ;W s e is personally known to as identification and did (d4�) take an oath. My Commission Expires: 2J NAME: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety GC- CA -A -2 ,(J (Siignatur f Notary) A . /L ,? 'U Z.411k� fib;-e (Legibly Printed) Notary Public, State of Commission No.: SURETY: HardordAaddantgI tin 14 � PO Banc 3001 Troy, MI 48W son g77 g3Q3 (Printed Name) (Business Address (Authorized Signature) (Printed Name) 16C3 OR As Attor ney in , ct (Attach Power di Attorney) c J� v,lck1 P. aardnei Attorney in Fact itnesses (Printed Name) Doftwwoftw oft P.o. Bm 113W 30 All 1qb B4„ Mn Ad= MI 48108•/ 48 734- 741 -W441 Fax 794- 741 -1 OM (Business Address) (Telephone Number) STATE OF Michigan COUNTY OF Washtenaw The foregoing instrument was acknowledged before me this 8th day of ,e December , 2005, by Vicki P. Gardner , as attorney in fact of Hartford Accident and Indemnity Co. Surety, on behalf of Surety. He /She is personally known to me OR has produced a as identification and who did (did not) take an oath. My Commission Expires: ( nat r )' wasio } „3_.. Name: Judy K. Macklem (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Michigan Commission No.: GC- CA -A -3 16C3 ifi . EXHIBIT A PUBLIC PERFORMANCE BOND South County Water Reclamation Facility Rehabilitation — Piping and Odor Control Modifications Bond No. 35BCSDO 8193 Contract No. 05 -3892 KNOW ALL MEN BY THESE PRESENTS: That Do„iZ] as N _ 14i i ;gi D Q, Inr- as Principal, and Hartford Acridpnt and Inrlemnif CO. as Surety, located at PO Box 3001. Trov. MI 48007 (Business Address) are held and firmly bound to Board of County Commissioners, Coller County, FL as Obligee in the sum of two hundred seventeen thousand nine hundred and On /1 nn ($ 217, 900.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 7th day of December (award notice) 2005, with Obligee for as stated above in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC- CA -A -4 16C3 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 9th day of December , 2005, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses' to Principal D,q" ,o T. W16U 65 STATE OF COUNTY OF G(f� ➢ZV4 -V PRINCIPAL Douglas N. Higgins, T,ncl_ iJ ~. NAME: 16F ITS: l«cx The f regoing instrument was acknowI dged before me this day of 2005 by a _ GUS , as U� 10% of dv -flr -Zev e- , a corporation, on behalf of the corporation. _0e /she is personally known to me d as identification and did (dWspgt) take an oath. My Commission Expires: (Signaturey =� r 7, 2011 Name: C- - - (Legibly Printed) (AFFIX OFFICIAL SEAL) GC- CA -A -5 Notary Public, State of: �04J-9*`1 Commission No.: ,dll ;4 ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF Michigan Washtenaw The foregoing instrument was December , 2005 by of Hartford Accident and Indemn behalf of Surety. He/She is n/a My Commission Expires: 16C3 SURETY: HW0rdft0dW&kWvAy&. PO 803001 NY, W 48001 800 872 WIM (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR t 1 As Attorney in F (Attach Power o9ttorney) VIcki P. Gardner Attorney in Pact (Printed Name) - OwAwm Ma P4. Sm 13W Ao 301 N. Mab& AMArWIlIr-411011-1348 724 741 09"4fax 734-70-11M (Business Address) (Telephone Number) acknowledged before me this 8th day of P. Gardner as attorney in fact i ty Ca Surety, on personally known to me OR has produced as identificati and who did ake aq oath. 91:1) lf� 'kZWjg = Aidnatu(e Name: Judy K. Macklem (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Michigan Commission No.: GC-CA-A-6 DiTH �u' es/ i fo: POWER OF ATTORNEY 690 ASYLUM AVENUE - HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the taws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. a},T/ I•k �.-- ♦a ^t t r s.. �r ca c iC.L 41,' tssv ttj' ,..._. bMaO � ,�:`'+.Ai,ew.�. �rsiN1► .��,1a79 i �t 1D7D i� t`c 1974 � ... �,: \Sl� '�"•e�rAA Ijrp .. Lai • �+. � +t t�p�,�,% strNS'� '�: � -,o ok . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD Colleen Mastroianni, Assistant Vice President On this 25'" day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. " Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 08 , 2 005 Signed and sealed at the City of Hartford. o •N�Yta w. ►'" AN..r enr:, ; F • 9 � t �yeM+4i, � :t%�aro..7 sT'a �' AA�ra+aaTr ...r Q i,, A ig g,Lr � � �•stAM► 9"j{ S G 7 9 ✓; � ` 1 9�rJ '. R. Y�� .rte .A.i(. � 'may.. .•y4'^ `�ti'L�'........14' �►�D..w�'; b� - '.�i�,9�7 V( • ' Vt+rnllar c \�`t �M�1{YA Yp . Fl` • +y�.p »S.� �•Il�a� �i.1.�M1M' I' Yves Cantin, Assistant Vice President POA 2003 163 Obligee'slinsured's Name Obllgee's/lnsured's Mailing Address 35BCSDO 8193 Bond /Policy Number IMPORTANT NOTICE TO OBLIGEES /POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond /policy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond /policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond /policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. Terrorism premium: $0 Form B- 3333 -0 Page 1 of 1 © 2002, The Hartford ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID A DATE(MM/DD/YYYY) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HI I- 12/09/05 PRODUCER POLICY EF E IV DATE MM /DDlYY THIS CERTIFICATE IS ISSUED AS A MA R N ION A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY ONLY AND CONFERS NO RIGHTS UPO I I E Hylant of Ann Arbor, LLC EACH OCCURRENCE HOLDER. THIS CERTIFICATE DOES NO T OR 301 N Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. MED EXP (Any one person) '-i Arbor MI 48104 .)ne:734- 741 -0044 Fax:734 -741 -1850 $1,000,000 INSURERS AFFORDING COVERAGE I X Includes XCU NAIC# INSURED INSURERA: American Casualty Company Contractual Liab 020427 INSURER B: Transportation Ins. Co. 020494 INSURERC: Transcontinental Ins. Co. PRODUCTS - COMP /OP AGG 020486 Douglas N, Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor MI 48108 INSURER D: POLICY [X7 PRO JECT LOC INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EF E IV DATE MM /DDlYY POLICY DATE MM /DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 01619 2 2 04 7 12/10/05 12/10/06 EACH OCCURRENCE $1,000,000 PREMISES (Ea occurence) $100,000 CLAIMS MADE X� OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 I X Includes XCU X Contractual Liab GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY [X7 PRO JECT LOC B AUTOMOBILE ' x LIABILITY ANY AUTO 0161922033 12/10/05 12/10/06 COMBINED SINGLE LIMIT (Ea CO accident) $ 1 000 000 i BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG LIABILITY EACH OCCURRENCE $ 10,000,000 B j�EXCESS/UMBRELLA OCCUR CLAIMSMADE C161922050 12/10/05 12/10/06 AGGREGATE $ 10,000,000 $ DEDUCTIBLE �x RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC161922016 12/10/05 12/10/06 X I TORY LIMITS ER E.L. EACH ACCIDENT $ 500 000 E.L. DISEASE - EA EMPLOYEE $500,000 OFFICERIMEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job - South County Water Reclamation Facility Rehabilitation, Piping and Odor Control Modifications, Contract #05 -3892. Additional Insured for General Liability (primary) - Collier County Board of County Commissioners. Waiver of subrogation on Workers' Compensation in favor of Collier County Board of County Commissioners. CERTIFICATE HOLDER CANCELLATION COLLI -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL of County Commi s s i ons a rs IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. Tamiami Trail Naples FL 33862 REPRESENTATIVES. ACORD 25 (2001/08) © ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID A DATE(MM /DD/YYYY) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HI I- 12/09/05 PRODUCER POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MA R I TION, LIMITS REPRESENTATIVES. ONLY AND CONFERS NO RIGHTS UP T FI TE Hylant of Ann Arbor, LLC HOLDER. THIS CERTIFICATE DOES N D, T D OR 301 N Main Street A ALTER THE COVERAGE AFFORDED BY THE POLICI ELOW. _ 0161922047 12/10/05 12/10/06 —1 Arbor MI 48104 ine: 734 -741 -0044 Fax:734 -741 -1850 INSURERS AFFORDING COVERAGE CLAIMS MADE a OCCUR NAIC # INSURED INSURER A: American Casualty Company $ 10,000 020427 INSURER B: Transportation Ins. Co. 020494 • Includes XCU INSURER C: Transcontinental Ins. Co. 020486 Douglas N. Higgins, Inc. GENERAL AGGREGATE INSURER D: 3390 Travis Pointe, Suite A Ann Arbor MI 48108 INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $2,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR AIJU'� NSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DD/ lY DATE MDD EXPIRATION LIMITS REPRESENTATIVES. H RIZED REPRESi111ATIV GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A x COMMERCIAL GENERAL LIABILITY 0161922047 12/10/05 12/10/06 PREMISES(Eaoccurence) $ 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 • Includes XCU • Contractual Liab GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $2,000,000 POLICY x PRO ECT LOC J B AUTOMOBILE LIABILITY ANY AUTO C161922033 12/10/05 12/10/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS Ix BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS x PROPERTY DAMAGE (Per $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 B X OCCUR CLAIMSMADE 0161922050 12/10/05 12/10/06 AGGREGATE $ 10,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC161922016 12/10/05 12/10/06 x TORY LIMITS ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE -EA EMPLOYEE $ 500 , 000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job - South County Water Reclamation Facility Rehabilitation, Piping and Odor Control Modifications, Contract #05 -3892. Additional Insured for General Liability (primary) - Collier County Board of County Commissioners. Waiver of subrogation on Workers' Compensation in favor of Collier County Board of County Commissioners. CERTIFICATE HOLDER CANCELLATION COLLI -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL of County Commis sionsers 3301 S. Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples FL 33862 REPRESENTATIVES. H RIZED REPRESi111ATIV ACORD 25 (2001/08) © ACORD CORPORATION 1988 16C3 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. 0)) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. „,9) Should at any time the Contractor not maintain the insurance coverage's required herein, the nmer may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 16C3 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse -owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs . om any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY .Required by this Agreement? X Yes No GC- CA -B -2 16C3 (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the "- 'ontractor during the term of this Agreement for all employees engaged in the work under this ,greement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable ,4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate GC- CA -B -3 $ 500,000 16C3 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." _3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such average shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC- CA -B-4 16C3 whichever is earlier. This insurance shall include interests of the Owner, the Contractor, ubcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the ,_Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors id Sub - subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 GC- CA -B -5 16C3 . Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B-6 16C3 EXHIBIT C RELEASE AND AFFIDAVIT FORM _)UNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2005 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. p CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by , as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC- CA -C -1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date 16C3 FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Original Contract Price: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage $ Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ Project Name) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION )NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : . (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 a 16G3 N 0 1 Q U 1 U `M i- W m z H m W W — J oUCa E 1O W a O r aO G m w uj W c J, F J O a o m 0CL O E I.- 2 w o O H r U °d C O J 7 C W < c E W o O W o N a E m i 0 c o c _ � a C — m � e NO mh N Z � xa mm p ° a A o 0 - C -j Q a c a FW- W > W N O O U J z !- m U. d O < CL O -° W m �N uj O < t m J V 2 z 3 m p O a ID m m m '- U 0 00 < L c m N ) m F cr c W K IL F L L N G C m W O .L+ J 7 W @ U O O W 6 Q a m U N rn m N : O L ` m c c m o •- v c «. m m z Z' E c O w1 C O F a E c U VN :3— O m m J U m W Q O C U v p F 3 m c m p H C H L Cl m V C C O y m O U w c L . ow m w mm C m L m W +. x c W a z c ; N 0 1 Q U 1 U `M TO: Project Name: Bid No.: Change Order No.: Change Order Description 16C3 EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount .............................. ...................111..1 -11 Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, 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. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Authorized by: Department Director Division Administrator (For use by Owner: Fund Cost Center: Number: ) GC -CA -E Date: Date: Date: Date: Date: Object Code: Project 16C3 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 ■ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, - heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 2005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2005 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on OWNER By: Type Name and Title GC- CA -F -2 r1 "M 16C3 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2005 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO Calendar Days. Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: GC- CA -G -2 16C3 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16C3 , EXHIBIT H "- GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC- CA -H -1 16C those affecting transportation, access, disposal, handling and storage of mated s; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). - 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, _e the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC- CA -H -2 16C3 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Mahager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 16C3 s 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H -4 16C3 4 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC- CA -H -5 16C3 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC- CA -H -6 16C3 substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 16C3 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC- CA -H -8 16C3 faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -H -9 16C3 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be _..., issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or GC- CA -H -10 16C3 sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC- CA -H -11 16C3 II or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 1603 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the w extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC- CA -H -13 1603 bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC- CA -H -14 16C3 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC- CA -H -15 16C3 notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, m terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC- CA -H -16 16C3 they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions - to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC- CA -H -17 1603 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. GC- CA -H -18 16C3 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. GC- CA -H -19 16C3 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the GC- CA -H -20 16C3 Project Manager are engaged in any activity whatsoever associated with the Project. w Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas GC- CA -H -21 16C3 identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. GC- CA -H -22 16C3 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, GC- CA -H -23 16C3 the Contractor shall attend any and all meetings convened by the Project Manager with - respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on -line at coiliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. GC- CA -H -24 Contractor represents and warrant Owner in implementing this sales savings for the Project. Adjustr appropriate Change Orders for the saved sales taxes. A Change Or( Purchase, or group of similar or rE agreed upon between Owner and ( Owner, Contractor shall remain i accepting delivery, storing, handlir Direct Purchases. Notwithstandl expressly acknowledges and agree and covered by Contractor's war 16C3 > that it will use its best efforts to cooperate with tax savings program in order to maximize cost cents to the Contract Amount will be made by amounts of each Owner Direct Purchase, plus the er shall be processed promptly after each Direct lated Direct Purchases, unless otherwise mutually ;ontractor. With respect to all Direct Purchases by esponsible for coordinating, ordering, inspecting, g, installing, warranting and quality control for all ,ig anything herein to the contrary, Contractor s that all Direct Purchases shall be included within antv to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement GC- CA -H -25 16G3 requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self- performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the - Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. GC- CA -H -26 16C3 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost - Estimates GC- CA -H -27 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As- Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements 16C3 The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC- CA -H -28 16C3 EXHIBIT 1 SUPPLEMENTAL TERMS AND CONDITIONS a. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. GC- CA -1 -1 16C3 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 16C3 d DIVISION 16 - ELECTRICAL INDEX CCUD SCWRF, RML MODIFICATIONS GENERAL PROVISIONS 16015 Electrical Reference Symbols 16020 Work Included 16025 Codes, Fees, & Standards 16040 Identification 16050 Special Requirements BASIC MATERIALS & METHODS 16110 Raceways and Conduits 16120 Wires and Cables 16130 Outlet boxes 16140 Wiring Devices 16190 Supporting Devices 16450 Grounding SPECIAL SYSTEMS 16850 PLC Controls Integration 811912005 INDEX -1 CCUD SCWRF, RML Modifications SECTION 16015 ELECTRICAL REFERENCE SYMBOLS 1.01 SYMBOLS 16C 3 A. In general the symbols used on the drawings conform to the Standard Symbols of the Institute of Electrical and Electronic Engineers with the exception of special systems or agencies as hereinafter noted or as shown in schedules or legends. 1.02 ABBREVIATION A. The following abbreviations or initials are used. A/C Air Conditioning A.C. Alternating Current Ab. Clg. Above Ceiling AFF Above Finished Floor AFG Above Finished grade AHU Air Handler Unit AIC Amps interrupting Capacity AL Aluminum AMP Ampere ANSI American National Standards Institute ASA American Standards Association ATS Automatic Transfer Switch -.- AUX Auxiliary AWG American Wire Gauge b.c. Bare Copper BIL Basic Impulse Level BKR Breaker °C Degrees Centigrade CAB Cabinet C. Conduit or Conductor C.B. Circuit Breaker CBM Certified Ballast Manufacturers CFM Cubic Feet per Minute CKT. Circuit CLEC Clock Equipment Cabinet Clg. Ceiling COND. Conductor Conn. Connection CPU Central Processing Unit CRT Cathode Ray Terminal CSP Closed Standpipe (Sprinkler) CSTC Communications System Terminal Cabinet C.T. Current Transformer CU. Copper C.W. Cold Water D.C. Direct Current Deg. Degree DCTC Door Control Terminal Cabinet DGP Data Gathering Panel Disc. Disconnect 8/19/2005 16015 -1 CCUD SCWRF, RML Modifications D.O. Draw Out DN. Down DPST Double Pole Single Throw E.C. Electrical Contractor EEPTS Elevator Emergency Power Transfer Switch EMT Electric Metallic Tubing E.O. Electrically Operated ESIC Elevator /Systems Interface Cabinet OF Degrees Fahrenheit FLA Full Load Amperes FM Factory Mutual FPS Feet per Second FT. Feet FZ Fire Protection Zone (Sprinkler) GFI Ground Fault Interrupting gnd. Ground Horiz. Horizontal hp. Horsepower hr. Hour I/C Intercom ICU Intensive Care Unit IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IMC Intermediate Metallic Conduit in. Inches IPCEA Insulated Power Cable Engineers Association J.B. Junction Box KV Kilovolt KVA Kilo -Volt -Amps KW Kilowatts LBS Pounds LED Light Emitting Diode It. Light Itg. Lighting max. Maximum MCB Main Circuit Breaker MCP Motor Circuit Protector MIC Microphone min. Minimum M.L.O. Main Lugs Only MPH Miles Per Hour MTD Mounted MUX Multiplex (Transponder) Panel MVA Mega Volt Amps N. Neutral NEC National Electric Code NECA National Electrical Contractors Association NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIC. Not in Contract NF Non Fused No. Number O.L. Overload 16C3 6/19/2005 16015 -2 CCUD SCWRF, RML Modifications OLS Overloads O.R. Operation Room OSHA Occupational Safety and Health Act OS &Y Outside Screw and Yoke (Sprinkler) P. Pole PB Pullbox Ph. Phase PNL Panel PR Pair PW R Power PF Power Factor Pri. Primary Proj. Projector psi Pounds Per Square Inch P.T. Potential Transformer PVC Polyvinyl Chloride RMS Root - Means - Square RPM Revolutions Per Minute Recept. Receptacle RSTC Radio /Sound Terminal Cabinet RTD Resistance Temperature Device SCA Short Circuit Amps Sec. Secondary S/N Solid Neutral SPKR Speaker SPST Single Pole Single Throw SW. Switch SWBD Switchboard TEL Telephone TSP Twisted Shielded Pair TTB Telephone Terminal Board TTC Telephone Terminal Cabinet NEC Television Equipment TYP Typical temp. Temperature U.L. Underwriters Laboratories UNO (U.N.O.) Unless Noted Otherwise V Volt VFC VARIABLE FREQUENCY CONTROLLER VFD VARIABLE FREQUENCY DRIVE W Wire W.P. Weatherproof END OF SECTION 1603 811912005 16015 -3 CCUD SCWRF, RML Modifications SECTION 16020 WORK INCLUDED 1.01 DESCRIPTION OF SYSTEM 16G3 A. The work required under this Division shall include all materials, labor and auxiliaries required to install a complete and properly operating electrical system. B. The electrical system required under this Division consists basically of, but is not limited to the following: 1. Complete distribution system for power including feeders, and connections to power loads. 2. A complete grounding system and special grounds as required or noted. 3. Surge Suppression systems. 4. Instrumentation and control conduit and wiring systems. 5. Concrete work for pad mounted equipment. 6. Instrumentation and control systems and control panels. 7. Modifications to Programmable Logic Controller END OF SECTION 811912005 16020 -1 CCUD SCWRF, RML Modifications SECTION 16025 16C3 CODES FEES AND STANDARDS PART 1 - GENERAL 1.01 CODES AND FEES A. Install in accordance with latest edition of the National Electric Code and the regulations of governing local, State, County and other applicable codes, including the Utilities Company. Pay for all required licenses, fees and inspections. All articles, products, materials, fixtures, forms or types of construction covered in the specifications will be required to meet or exceed all applicable standards of manufacturer, testing, performance, capabilities, procedures and installation according to the requirements of ANSI, NEMA, IEEE, and NEC referenced documents where indicated and the manufacturer's recommended practices. Requirements indicated on the contract documents, which exceed but are not contrary to governing codes shall be followed. B. Compliance and Certification: The installation shall comply with the governing state and local codes or ordinances. The completed electrical installation shall be inspected and certified by all applicable agencies that it is in compliance with all codes. Utility Company: Comply with latest utility company regulations. C. All work and equipment under this Division shall be in strict compliance with the latest edition of the following codes and standards: 1. Life Safety Code - NFPA 101 2. National Fire Protection Association (NFPA) 3. National Electrical Code - NFPA 70; 2002 4. National Electrical Safety Code (NBS Handbook). 5. Requirements of Local Power Company. 7. Florida Building Code 2001 1.02 STANDARDS A. All materials shall be new and free of defects, and shall be U.L. listed, bear the U.L. label or be labeled or listed with an approved, nationally recognized Electrical Testing Agency. Where no labeling or listing service is available for certain types of equipment, test data shall be submitted to prove to the Engineer that equipment meets or exceeds available standards. END OF SECTION 811912005 16025 -1 CCUD SCWRF, RML Modifications SECTION 16040 IDENTIFICATION 1.01 NAMEPLATES 16C3 A. The following items shall be equipped with nameplates: All motors; motor starters, motor - control centers, pushbutton stations, control panels, time switches, disconnect switches panelboards, circuit breakers, contactors, recorders, transmitters, instruments or relays in separate enclosures, thermostats, photocells, power receptacles where the nominal voltage between any pair of conductors is greater than 150V, switches controlling equipment or receptacles, switches controlling lighting fixtures where the fixtures are not located within the same space as the controlling switch, high voltage junction, manholes and pull boxes, instrumentation and control terminal cabinets, pull boxes manholes and cabinets. Special electrical systems shall be identified at junction and pull boxes, terminal cabinets and equipment racks. Electrical contractor is responsible for nameplates on electrical equipment supplied by other divisions and installed and wired by electrical including all instrumentation and controls equipment. A portion of existing equipment affected by this contract shall also receive nameplates as determined by the engineer. B. Nameplates shall adequately describe the function of the particular equipment involved. Where nameplates are detailed on the drawings, inscription and size of letters shall be as shown and shop drawing submitted for approval. Nameplates for panelboards and switchboards shall include the panel designation, voltage and phase of the supply. For example, "Panel A, 277/480V, 3- phase, 4- wire ". The name of the machine on the nameplates for a particular machine shall be the same as the one used on all motor starters, disconnect and P.B. station nameplates for that machine. C. Nameplates shall be laminated phenolic plastic, black front and back with white core, with lettering etched through the outer covering. White engraved letters on black background. Attach with plated self- tapping screws or brass bolts. D. Construction sequences, renaming and rework of existing equipment will require new identification tags for some existing equipment. Provide new identification nameplates for existing and new equipment as directed. END OF SECTION 611912005 16040 -1 CCUD SCWRF, RML Modifications 16C3 SECTION 16050 SPECIAL REQUIREMENTS 1.01 AUXILIARIES AND ACCESSORIES A. Include all auxiliaries and accessories for a complete and properly operating system. B. Provide and install all electrical systems and any necessary accessories as per NEC and local codes whether specified herein or shown on drawings or not. The content of these specifications (Division 16) and contract documents in general only refers to work required above and beyond the requirements of the NEC and applicable local codes. 1.02 LAYOUT OF WORK A. Drawings are diagrammatic. Correlate final equipment locations with governing Architectural, Structural, Process Mechanical and Instrumentation and Control drawings. Lay out before installation so that all trades may install equipment in spaces available. Provide coordination as required for installation in a neat and workmanlike manner. The engineer reserves the right to move any device 10' from location shown on plans with no additional cost to the owner and at any time prior to final closeout. Provide layout shop drawings for engineers review for all Control Panels. 1.03 INVESTIGATION OF SITE A. Check site and existing conditions thoroughly before bidding. Advise Engineer of discrepancies or questions noted. 1.04 SUPERVISION OF THE WORK A. Provide a field superintendent who has had a minimum of fifteen (15) years previous successful experience on projects of comparable size and complexity. Superintendent shall be present at all times that work under this Division is being installed or affected. Superintendent shall have passed a proctored H.H. Block exam with 75% grade or better and shall hold a State Certificate of Competency. A resume of the Superintendent's experience shall be submitted to Engineer before starting work. The resume shall list a minimum of 10 previous industrial plant projects of comparable size and complexity. B. QUALIFICATIONS OF THE CONTRACTOR The Electrical Contractor shall be regularly engaged in the construction, maintenance repair and modification of industrial plant electrical equipment devices, and systems. The lead, on -site, technical person shall be approved by the engineer. 1.05 COORDINATION A. Provide all required coordination and supervision where work connects to or is affected by work of others, and comply with all requirements affecting this Division. Work required under other divisions, specifications or drawings, indicated to be 811912005 16050 -1 CCUD SCWRF, RML Modifications 16C3 performed by this Division shall be coordinated with the Contractor and such work performed at no additional cost to Owner including but not limited to electrical work required for roll -up doors, control panel installation, instrumentation and control installation, etc. B. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. 1.06 BASIS FOR WIRING DESIGN A. The drawings and specifications describe specific sizes of switches, breakers, fuses, conduits, conductors, motor starters and other items of wiring equipment. These sizes are based on specific items of power consuming equipment (heaters, lights, motors for fans, compressors, pumps, etc.). Wherever the contractor provides power consuming equipment which differs from, the basis of design, drawings and specifications, the wiring and associated circuit components for such equipment shall be changed to proper sizes to match at no additional expense to the Owner. 1.07 PROVISION FOR OPENINGS A. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. - B. Furnish to roofer all pitch pans required for electrical items which pierce roof whether or not shown on drawings. Roof penetrations are to be waterproofed in such a manner that roofing guarantees are fully in force. 1.08 CONCRETE PADS A. Furnish and install reinforced concrete pads for transformers, switchgear, and motor control centers, of size as shown on the drawings or required. Unless otherwise noted, pads shall be four (4) inches high and shall exceed dimensions of equipment being set on them, including future sections, by three (3) inches on all sides, except when equipment is flush against a wall, then the side or sides against the wall shall be flush with the equipment. Chamfer top edges 1 ". Trowel all surfaces smooth. Reinforce pads with 6" X 6" X 6/6 welded wire fabric. Conduit stub up area within the pad area shall remain void. Coordinate with equipment shop drawings stub up areas. 1.09 SURFACE MOUNTED EQUIPMENT A. Surface mounted fixtures, outlets, cabinets, conduit, panels, etc. shall have finish or shall be painted as directed by Engineer. Paint shall be in accordance with other applicable sections of these specifications. 1.11 PROTECTION AND CLEANUP A. Suitably protect all equipment furnished under this Division during construction. Restore all damaged surfaces and items to "like new" condition before a request for substantial completion inspection. 811912005 16050 -2 CCUD SCWRF, RML Modifications 1603 1.12 MATERIALS A. Reference: "General Conditions of the Contract ". B. Where several brand names, make or manufacture are listed as acceptable each shall be regarded as equally acceptable. Where a manufacturer's model number is listed, this model shall set the standard of quality and performance required. Where no brand name is specified, the source and quality shall be subject to Engineer's review and acceptance. C. When a product is specified to be in accordance with a trade association or government standard, at the request of Engineer, Contractor shall furnish a certificate that the product complies with the referenced standard. Upon request of Engineer, Contractor shall submit supporting test data to substantiate compliance. 1.13 SUBSTITUTIONS A. Each bidder represents that his bid is based upon the materials and equipment described in this division of the specifications. B. No substitutions will be considered unless written request has been submitted to the Engineer for approval at least ten days prior to the bid date. Submittal shall include the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data and any other data or information necessary for the Engineer to determine that the equipment meets all specification and requirements. If the Engineer approves any proposed substitutions, such approval will be set forth in an addendum. C. Substituted equipment or optional equipment where permitted and approved, must conform to space requirements. Any substituted equipment that cannot meet space requirements, whether approved or not, shall be replaced at the Contractor's expense. Any modifications of related systems as a result of substitutions shall be made at the Contractor's expense. 1.14 SUBMITTALS A. Submit Technical Information Brochures at start of construction or within 30 days after Award of the Contract. Each brochure shall consists of an adequately sized, hard - cover, 3 -ring binder for 8 -1/2" X 11" sheets. Provide correct designation on outside cover and on end of brochure. When, in the judgment of the Engineer, one binder is not enough to adequately catalog all data, an additional binder will be required and data split as directed by the Engineer. Specific shop drawing submittals may be submitted separately after technical information brochures but before any equipment is purchased; provide index and schedule of shop drawings to be submitted within the technical information brochures. B. First sheet in the brochure shall be a photocopy of the Electrical Index pages in these specifications. Second sheet shall be prepared by the Contractor, and shall list Project Addresses and phone numbers with key personnel for this project. 811912005 16050 -3 CCUD SCWRF, RML Modifications 16C3 C. Provide reinforced separation sheets tabbed with the appropriate specification reference number. D. Technical Information consisting of marked catalog sheets or shop drawings shall be inserted in the brochure in proper order on all items herein specified or shown on drawings. E. At the end of the brochure, provide and insert a copy of the specifications for this Division and all addenda applicable to this Division. F. Submit 7 brochures. Provide separate tag marking on an individual copy for the Owner, Engineer (2), Contractor, Coordinating Testing Subcontractor and Electrical Subcontractor (2). G. The General Contractor shall review the brochures before submitting to the Engineer. No request for payment will be considered until the brochure has been submitted and reviewed completely. H. Submit cost breakdown "Schedule of Values" for electrical work in the Technical Information Brochures. Cost of material and labor for each major item shall be shown. Reference: "General Condition of the Contract ". J. Shop Drawings: Provide detailed shop drawings for all electrical equipment to be -- supplied. Provide detailed plan view shop drawings at expanded scale indicating how actual size of equipment to be provided is to fit into space available; show NEC required working space clearances on plan. Provide detailed elevation views at expanded scale of actual equipment to be provided and how it fits into available wall spaces. Drawings shall be on 11" X 17" or 22" X 34" paper and drawn with a computer aided design (CAD) package. The computer aided design package shall be Autocad or converted to Autocad format. Engineering plan backgrounds of the facility shown on the contract documents will be available to the contractor on request. Submittals shall include hard copy and CD -ROM media electronic copies. Additional shop drawing requirements: 1. Title drawings to include identification of project and names of Engineer, Engineer, General Contractor, subcontractor and/or supplier, data, number sequentially and indicate in general: 2. Fabrication and Erection dimensions. 3. Arrangements and sectional views. 4 Necessary details, including complete information for making connections with other work. 5 Kinds of materials and finishes. 6 Descriptive names of equipment. 7 Modifications and options to standard equipment required by the contract. 8 Leave blank area, size approximately 4 by 2 -1/2 inches, near title block (for Engineer's stamp imprint). 9 In order to facilitate review of drawings, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and /or specification paragraph numbers where item(s) occur in the contract 811912005 16050 -4 CCUD SCWRF, RML Modifications 16C3 documents. 10 See specific sections of specifications for further requirements. K. Product Data: 1. Submit technical data verifying that the item submitted complies with the requirements of the specifications. Technical data shall include manufacturer's name and model number, dimensions, weights, electrical characteristics, and clearances required. Indicate all optional equipment and changes from the standard item as called for in the specifications. Furnish drawings, or diagrams, dimensioned and in correct scale, covering equipment, showing arrangement of components and overall coordination. 2. In order to facilitate review of product data, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and /or specification paragraph numbers where item(s) occur in the contract documents. 3. See specific sections of specifications for further requirements. L. Processing Submittals: 1. Product Data: For standard manufactured materials, products and items submit seven (7) copies or sets of data. If submittal is rejected, resubmittal shall be seven (7) copies of new data. When approved, four (4) copies will be returned to Contractor. 2. Shop Drawings: For custom fabricated items, initially submit a transparency (suitable for reproduction) together with two (2) prints made there from. When submittal is acceptable, furnish seven (7) prints made from the accepted transparency. 3. Acceptance: When returned to Contractor, submittals will be marked with Engineer's stamp. If box marked "returned for correction resubmit' is checked, submittal is not approved and Contractor is to correct and resubmit as noted, otherwise submittal is approved and Contractor is to comply with notation making necessary corrections on submittal and resubmit for final record. 4. Reference: "General Conditions of the Contract'. 5. Note that the approval of shop drawings, or other information submitted in accordance with the requirements hereinbefore specified, does not assure that the Engineer or any other Owner's Representative, attests to the dimensional accuracy or dimensional suitability of the material or equipment involved, the ability of the material or equipment involved or the Mechanical /Electrical performance of equipment. Approval of shop drawings does not invalidate the plans and specifications if in conflict with the submittal. It is the contractors responsibility to request in writing and seek written approval from the engineer for all deviations of the plans and specifications. 1.15 PROGRESS AND RECORD DRAWINGS A. Keep two sets of full size (22 "x34 ") white prints on the job, and neatly mark up design drawings each day as components are installed. Different colored pencils shall be used as directed for different systems. Cost of prints shall be included under this 811912005 16050 -5 CCUD SCWRF, RMt_ Modifications 16C3 Division. All items on Progress Drawings shall be shown in actual location installed. Change any equipment schedules to agree with items actually furnished. B. Reference: "General Conditions of the Contract'. C. Prior to request for final payment, furnish a set of as -built drawings on reproducible sepia mylar to General Contractor. 1.16 OPERATING INSTRUCTIONS A. Submit for checking a specific set of written Operating instructions on each item that require instructions to operate. After approval, provide one copy for insertion in each Technical Information Brochure. 1.17 MAINTENANCE INSTRUCTIONS A. Submit for approval Maintenance Information consisting of manufacturer's printed instructions and parts lists for each major item of equipment. After approval, insert information in each Technical Information Brochure. 1.18 SYSTEMS GUARANTEE A. The work required under this Division shall include a two -year guarantee. This guarantee shall be by the Contractor to the Owner for any defective workmanship or material that has been furnished under this Contract at no cost to the Owner for a period of two years from the date of substantial completion of the System. This guarantee shall not include light bulbs in service after six months from date of Substantial Completion of the System. 1.19 FINAL INSPECTION A. All work on the System shall be completed, and all forms and other information shall be submitted for approval one week before the request for final inspection of the building. 1.20 EQUIPMENT TO BE OF SINGLE MANUFACTURER A. In general, all relays, contactors, starters, motor control centers, switchboards, panelboards, dry type transformers, disconnect switches, circuit breakers, and manual motor starter switches are to be supplied and manufactured by same manufacturer, but must be submitted and approved equal to that specified. 1.21 CUTTING AND PATCHING A. Reference: "General Conditions of the Contract'. B. Supplementary Requirements: Any cutting of work in place shall be patched and decorated by such mechanics and in such a manner that the quality of workmanship and finish shall be compatible with that of adjacent construction. 1.22 GENERAL 811912005 16050 -6 CCUD SCWRF, RML Modifications 16C3 ,. A. Where the requirements of another Division, section, or part of these specifications exceed the requirements of this Division, those requirements shall govern. 1.23 EXISTING CONDITIONS A. Investigate site thoroughly and reroute all conduit and wiring in area of new construction in order to maintain continuity of existing circuitry. Existing conduits shown on plans show approximate locations only. Contractor must verify and coordinate existing site conduits and pipes to any excavation on site. Bids to include hand digging and all required rerouting in areas of existing conduits and/or pipes. B. Special attention is called to the fact that work involved is in connection with existing facilities that must remain in operation while work is being performed. Work must be done in accordance with the owner's priority schedule as required. Schedule work for a minimum outage to Owner. Request written permission and receive written approval from Owner 48 hours in advance of any shutdown of existing system. Perform work required at other than standard working hours where owner cannot approve outages during regular working hours. Provide temporary power and temporary wiring as required to maintain operation as directed by the owner or engineer to facilitate construction. Protect existing buildings and equipment during construction as required. C. Special attention is called to the fact that there may be conduit, wiring, fixtures and other electrical items in and between the existing buildings and facilities that must be removed or relocated in order to perform the work. Bid shall include all removal and relocation required for completion of the alterations and the new construction. END OF SECTION 811912005 16050 -7 CCUD SCWRF, RML Modifications 16C3 SECTION 16110 RACEWAYS AND CONDUIT PART 1 -GENERAL 1.01 DESCRIPTION A. Description of System: The entire installation shall be in heavy wall Schedule 80 -PVC or heavy wall Schedule 40 -PVC plastic conduit, and rigid galvanized steel conduit unless specifically noted otherwise. Only heavy wall PVC (Schedule 80) shall be used for all raceways trapped underground with out slab above or concrete encasement protection. Conduits in concrete encasement use Schedule 40- PVC. Above ground and in areas subject to chemical degradation (chemical storage, chlorine rooms, sulfur dioxide rooms, odor control and scrubber area, etc) use Schedule 80 -PVC. Rigid Galvanized Conduit shall be used within electrical rooms, motor control center rooms. Where PVC conduit penetrates a floor from underground or in a slab; a black mastic coated rigid steel conduit elbow shall be used for all conduits 1.5" and greater. 2. Minimum conduit size for all systems shall be 314 ". All conduit shall be U.L. listed and labeled. Conduit sizes shown on the drawings are to aid the contractor in bidding only; the contractor is responsible for conduit sizes as required by NEC fill tables but do not provide smallerconduits than indicated. The contractor is responsible to coordinate the required conduit sizes and conductor quantities for all control and instrumentation system conduit and wiring with the controls subcontractor prior to installation. 3. In areas of chemical laden atmosphere and in exposed exterior areas and where not subject to mechanical injury; provide schedule 80 PVC conduit non - metallic conduit supports and 316 stainless steel hardware. In area of possible mechanical injury provide rigid galvanized steel conduit coated with PVC or other means approved by the engineer. 1.02 SUBMITTALS A. Product Data: Product data shall be submitted on: a. Conduit b. Conduit fittings C. Surface metal raceway PART 2 - PRODUCTS 2.01 ELECTRIC METALLIC TUBING A. Electric metallic tubing (thin wall) shall meet Federal EMT Specifications WW -C -563. 811912005 16110 -1 CCUD SCWRF, RML Modifications 16C3 2.02 RIGID METALLIC CONDUIT A. Hot dipped galvanized rigid steel. Federal Specification WW -C -581. 2.03 FLEXIBLE STEEL CONDUIT A. Continuous length, spirally wound steel strip, zinc - coated, each convolution interlocked with following convolution. Federal Specification WW -C -566. Liquid - tight Flexible Steel Conduit: Plastic jacketed flexible steel conduit with copper bonding conductor. 2.04 PVC CONDUIT A. PVC conduit shall be composed of High Impact Virgin homopolymer, PVC (polyvinyl chloride C -200 Compound), and shall conform to industry standards, and be UL 651 listed in accordance with Article 347 of National Electrical Code for underground and exposed use and NEMA standard TC -2. Materials must have tensile strength of 55 PSI, at 70oF, flexural strength of 11,000 PSI, compression strength of 8600 PSI. Manufacturer shall have five years' extruding PVC experience. Consistent with requirements provide PVC conduit products by one of the following manufacturers: 1. Carlon 2. Cantex 3. J.M. Plastics 4. Queen City Plastics 2.05 EXPANSION FITTINGS A. Conduit expansion fittings shall be malleable iron, and shall be hot dipped galvanized inside and outside. These fittings shall have a four -inch expansion chamber to allow approximately two -inch movement parallel to conduit run in either direction from normal. They shall have factory- installed packing and internal tinned copper braid packing to serve as an emergency bonding jumper. Unless the fitting used is listed by Underwriters' Laboratories for use "without external bonding jumpers ", an external copper bonding jumper shall be installed with each expansion fitting with one end clamped on each conduit entering fitting. PART 3- EXECUTION 3.01 INSTALLATION A. All raceways shall be run in neat and workmanlike manner and shall be properly supported in accordance with latest edition of NEC with approved conduit clamps, hanger rods and structural fasteners. Supporting conduit and boxes with wire is not approved. All raceways except those from surface- mounted switches, outlet boxes or panels shall be run concealed from view. Exposed raceways shall be supported with clamp fasteners with toggle bolt on hollow walls, and with lead expansion shields on masonry. Rigid steel box connections shall be made with double locknuts and bushings. Where PVC penetrates a floor from underground or in slab, a black mastic coated steel conduit elbow shall be used on all conduits 1.5" and greater. All individual bare copper ground conductors (i.e. Service, transformer, or lightning protection grounds) shall be installed in PVC conduit, not metal conduit. This does not apply to bare copper ground conductors run with feeders (as specified in this 811912005 16110 -2 CCUD SCWRF, RML Modifications 16C3 y section). Conduits shall be run parallel to building walls wherever possible, exposed or concealed, and shall be grouped in workmanlike fashion. Crisscrossing of conduits shall be minimized. B. All raceways runs, whether terminated in boxes or not, shall be capped during the course of construction and until wires are pulled in, and covers are in place. No conductors shall be pulled into raceways until construction work which might damage the raceways has been completed. C. All raceways shall be kept clear of plumbing fixtures to facilitate future repair or replacement of said fixtures without disturbing wiring. Except where it is necessary for control purposes, all raceways shall be kept away from items producing heat. D. All raceway runs in masonry shall be installed at the same time as the masonry so that no face cutting is required, except to accommodate boxes. E. All raceways shall be run from outlet to outlet exactly as shown on the drawings, unless permission is granted to alter arrangement shown. If permission is granted arrangement shall be marked on field set of drawings as previously specified. F. All underground raceways (with exception of raceways installed under floor slab) shall be installed in accordance with Section 300 -5 of the NEC except that the minimum cover for any conduit shall be two feet. Included under this Section shall be the responsibility for verifying finished lines in areas where raceways will be installed underground before the grading is complete. G. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. Grounding conductors run with feeders shall be bonded to portions of conduit that are metal by approved ground bushings. H. Insulated bushings shall be used on all rigid steel conduits terminating in panels, wire gutters, or cabinets, and shall be impact resistant plastic molded in an irregular shape at the top to provide smooth insulating surface at top and inner edge. Material in these bushings must not melt or support flame. I. Spare conduit stubs shall be capped and location and use marked with concrete marker set flush with finish grade. Marker shall be 6" round X 6" deep with appropriate symbol embedded into top to indicate use. Also, tag conduits in panels where originating. J. All conduit stubbed above floor shall be separated with plastic interlocking spacers manufactured specifically for this purpose, or shall be strapped to Kindorf channel supported by conduit driven into ground or tied to steel. K. Raceways which do not have conductors furnished under this Division of the specifications shall be left with an approved nylon pullcord in raceway. L. Rigid Metallic Conduit, electrical metallic tubing, flexible steel conduit and PVC conduit shall be manufactured within the United States. M. All connections to motors or other vibrating equipment (except dry type transformers) or at other locations where required shall be made with not less than 12" of flexible liquid -tight steel conduit, using special type of connectors with strain relief fittings at both terminations of conduit. Flex connectors shall have insulated throat and shall be T & B 3100 Series or approved substitution. Use angle connectors wherever necessary to relieve angle strain on flex conduit. Connections to dry type transformers shall be made with flexible conduit. N. PVC joints shall be solvent welded. Threads will not be permitted on PVC conduit and fittings, except for rigid steel to PVC couplings. Installation of PVC conduit shall be in accordance with manufacturer's recommendations. PVC conduit shall not be 811912005 16110 -3 CCUD SCWRF, RML Modifications 1603 used to support fixture or equipment. Field bends shall be made with approved hotbox. Heating with flame and hand held heat guns is prohibited. O. Expansion fittings shall be installed in the following cases: In each conduit run wherever it crosses an expansion joint in the concrete structure; on one side of joint with its sliding sleeve end flush with joint, and with a length of bonding jumper in expansion equal to at least three times the normal width of joints; in each conduit run which mechanically attached to separate structures to relieve strain caused by shift on one structure in relation to the other; in straight conduit run above ground which is more than fifty feet long and interval between expansion fittings in such a runs shall not be greater than 100 feet for steel conduit and 50 feet for PVC conduit.. P. Electric metallic tubing (thin wall) shall be installed inside buildings above ground floor slab where not subject to mechanical injury or wet areas. Tubing shall be joined with steel fittings and steel connectors. Q. Rigid metallic conduit installed underground shall be coated with waterproofing black mastic before installation, and all joints shall be recoated after installation. R. Conduit installations on roofs shall be kept to a bare minimum. Where required, conduit shall be rigid steel conduit, including couplings. Conduit shall be supported above roof at least 6 inches using approved conduit supporting devices. Supports to be fastened to roof using roofing adhesive as approved by roofing contractor. S. Underground cable identification: bury a continuous, pre - printed, bright colored metalized plastic (electronically traceable) ribbon cable marker with each underground conduit (or group of conduits), regardless of whether conduits are in ductbanks. Locate directly over conduits, 6" to 8" below finished grade. Delete this requirement under building slabs. T. Provide for separation of instrumentation, control and power conductors. Provide a minimum of 24" inch separation for parallel run of power conduit and instrumentation or control conduit. This separation can be reduced to 12" if metallic grounded separation is provided. END OF SECTION 811912005 16110 -4 CCUD SCWRF, RML Modifications SECTION 16120 WIRES AND CABLES 1.01 GENERAL 16C3 A. Power Conductors: 1. Branch circuits and feeder conductors for all three phase electric power shall be stranded copper type XHHW -2 cross -link polyethylene (XLP) insulation and derated to 75 degrees Centigrade. No aluminum wiring shall be permitted. All wire shall be size shown on the drawings. If no size is shown, wire shall be in accordance to NEC and minimum No. 12, except that branch "homeruns" over 50 ft. in length shall be minimum No. 10 for 120/208V circuits. All branch lighting circuits serving HID and Fluorescent fixtures shall be minimum #10 with each circuit provided with a separate neutral. Wire in vicinity of heat - producing equipment shall be type XHHW insulation. All wiring shall be manufactured in the USA. B. Taps and Splices : 1. All power wiring taps and splices in No. 8 or smaller wire shall be fastened together by means of terminal strips except within lighting fixtures and wiring devices where conformance to NEC practices will be acceptable. All taps and splices in wire larger than No. 8 shall be made with compression type connectors and taped to provide insulation equal to wire. Tape shall be heavy duty, flame retardant and weather resistant vinyl electrical tape, minimum 7 mil premium grade with an operating of 0 degree F. to 220 degree F. Provide tape meeting UL 510 and CSA standard C22.2. 2. All taps and splices in manholes or in ground pull boxes, MCCs, etc. shall be approved by the engineer on a case by case basis; be made with high press long barrel double crimp compression type connectors and covered with Raychem heavywall cable sleeves (type CTE or W CS) with type "S" sealant coating. Install sleeve kits as per manufacturer's installation instructions. C. Color Coding: 1. All power feeders and branch circuits No. 6 and smaller shall be wired with color -coded wire with the same color used for a system throughout the building. Power feeders above No. 6 shall either be fully color -coded or shall have black insulation and be similarly color -coded with tape or paint in all junction boxes and panels. Tape or paint shall completely cover the full length of conductor insulation within the box or panel except for the wire markings. 2. Unless otherwise approved, color -code shall be as follows: Neutrals to be white for 1201208V system, natural grey for 277/480V system; ground wire green, bare or green with yellow strips nominal. 120/208V, Phase A - black; Phase B - red; Phase C - blue. 480/277V, Phase A brown; Phase B - orange; Phase C - yellow. All switch legs, other voltage system wiring, control and interlock wiring shall be color -coded other than those above. In remodeling projects, comply with existing color coding established within the facility. 811912005 16120 -1 CCUD SCWRF, RML Modifications 1.02 INSTRUMENTATION AND CONTROL CABLE: 16C3 A.. Multiconductor and Multi pair Process instrumentation cable shall be #16 AWG stranded, twisted pair, 600 V, (XLP) cross link polyethylene insulated, aluminum tape pair shielding, cross link polyethylene or chlorinated polyethylene (CPE) overall sheathed and shielded, type TC instrument cable as manufactured by the American Insulated Wire Co., Belden Wire Co. or equal. B. Multiconductor control cable shall be #14 AWG stranded, 600V, (XLP) cross link polyethylene insulated or polyolefin, cross link polyethylene or chlorinated polyethylene (CPE or Hypalon) overall sheathed type TC control cable as manufactured by the American Insulated Wire Co., Belden Wire Co. or equal. C. Connections: 1. All conductor connections shall be on terminal strips including all spare conductors. Provide terminal strips in all cabinets; motor control centers; etc. 2. All connections of stranded wire to screw terminals shall be by insulated spade lugs, crimp fastened to wire except where terminal strips are listed for stranded bare connections in which case delete spade lugs. 3. All conductors shall be marked with mylar wrap type 'Brady" labels. Identification labels shall be permanent type and be machine printed. All terminal block terminations shall be labeled. The inside portion of the terminal cabinet doors shall display a protected terminal cabinet drawing with all connections shown and described as to color code, number assigned to connection function of conductor and destination. 4. Wire shall be guided within terminal cabinets by cable supports. All conductors shall be neatly led to terminations. 5. Cabinets: All cabinets shall be labeled with an engraved plastic laminate label riveted to the door. 6. No splices shall be made within a conduit run or in manholes. D. Provide for separation of instrumentation, control and power conductors. Provide a minimum of 24" inch separation for parallel run of power conduit and instrumentation or control conduit. This separation can be reduced to 8" if metallic grounded separation is provided. 1.03 SUBMITTALS: A. Submit cut sheets on all major types of wires and cables including splicing tape, and terminating /splicing lugs, conductor identification systems and connectors and cable sleeves. Submit sample of all instrumentation and control cable. Sample shall be a minimum of 24" with exterior sheath clearly marked. B. Submit sample of all cable identification systems products. END OF SECTION 811912005 16120 -2 CCUD SCWRF, RML Modifications 16C3 SECTION 16130 OUTLET BOXES 1.01 GENERAL A. Surface outlet boxes and conduit bodies shall be the heavy cast ferraloy malleable iron with external raised hubs and mounting lugs; cadmium plated and enamel finish - Appleton, Crouse Hinds or approved substitution. Trim rings shall also be of one piece construction. B. Outlet boxes shall be of such form and dimensions as to be adapted to the specific use and location, type of device or fixtures to be used, and number and size of conductors and arrangement, size and number of conduits connecting thereto. C. Ceiling outlet boxes shall be 4" octagonal or 4" square X 1 -1/2" deep or larger as required for number and size of conductors and arrangement, size and number of conduits terminating at them. D. Switch, wall receptacle, telephone and other wall outlet boxes in drywall shall be 4" square X 1 -1/2" deep. For furred -out block walls, provide 4" square box with required extension for block depth and required extension for drywall depth. E. All flush outlets shall be mounted so that covers and plates will finish flush with finished surfaces without the use of shims, mats or other devices not submitted or approved for the purpose. Add -a -Depth rings or switch box extension rings (Steel City #SBEX) are not acceptable. Plates shall not support wiring devices. Gang switches with common plate where two or more are indicated in the same location. Wall- mounted devices of different systems (switches, thermostats, etc.) shall be coordinated for symmetry when located near each other on the same wall. Outlets on each side of walls shall have separate boxes. Through -wall type boxes shall not be permitted. Back -to -back mounting shall not be permitted. Trim rings shall be extended to within 1/8" of finish wall surface. F. Outlet boxes mounted in metal stud walls, are to be supported to studs with two (2) screws inside of outlet box to a horizontal stud brace between vertical studs. G. All outlet boxes that do not receive devices in this contract are to have blank plates installed matching wiring device plates. H. Covers for cast boxes (flush and surface) installed in damp orwet locations shall be UL approved for weatherproof locations (UL standard 498 and 514; OSHA standard Subpart "S "; NEMA Standard WD -1) with plug inserted and shall comply with NEC - 410-57b; shall be heavy cast copper free aluminum with 2 coat baked epoxy finish; self closing door with stainless steel hinge and springs; EPDM gaskets. Provide Crouse Hinds, Appleton or equal. This requirement includes outlets mounted flush in exterior lighting poles. 1.03 MOUNTING HEIGHT A. Height of wall outlets to bottom above finished floors shall be as follows, unless specifically noted otherwise. Verify with the Architectural plans and shop drawings 811912005 16130 -1 CCUD SCWRF, RML Modifications 16L for installing. Switches 4' -0" Maximum to centerline Receptacles 1'-4" Lighting Panels (top of Panel Trim) 6' -6" Phone Outlets 1'-4" B. Bottoms of outlets above counter tops or base cabinets shall be minimum 2" above counter top or backsplash, whichever is highest. Outlets may be raised so that bottom rests on top of concrete block course, but all outlets above counters in same area shall be at same height. It is the responsibility of this Division to secure cabinet drawings and coordinate outlet locations in relation to all cabinets as shown on plans, prior to rough -in, regardless of height shown on Division 16 drawings. C. Height of wall - mounted fixtures shall be as shown on the drawings or as required by Architectural plans and conditions. Fixture outlet boxes shall be equipped with fixture studs when supporting fixtures. 1.04 SPECIAL PURPOSE OUTLETS A. Locate special purpose outlets as indicated on the drawings for the equipment served. Location and type of outlets shall be coordinated with appropriate trades involved. The securing of complete information for proper electrical roughing -in shall be included as work required under this section of specifications. 1.05 SUBMITTALS A. Submit product data on all different types of outlet boxes, floor boxes and associated trim /plaster rings. END OF SECTION 811912005 16130 -2 CCUD SCWRF, RML Modifications SECTION 16140 WIRING DEVICES 1.01 GENERAL 1603 A. Wiring devices shall be extra heavy duty industrial specification grade. Switches shall be silent type. Receptacles shall be duplex grounding type. B. Coverplates for devices requiring them shall be 304 stainless steel except on cast boxes provide cast covers. All outside receptacles (weatherproof) shall be duplex G,F.C.I. cast cover plates. C. Voltage and ampere rating of switches shall be marked on switch, and shall conform to voltage of system to which applied. D. Covers for cast boxes (flush and surface) installed in damp or wet locations shall be UL approved for weatherproof locations (UL standard 498 and 514; OSHA standard Subpart "S "; NEMA Standard WD -1) with plug inserted and shall comply with NEC - 410-57b; shall be heavy cast copper free aluminum with 2 coat baked epoxy finish; self closing door with stainless steel hinge and springs; EPDM gaskets. Provide Crouse Hinds, Appleton or equal. This requirement includes outlets mounted flush in exterior lighting poles. E. Provide Surge Suppressor receptacles for all computer and electronic equipment. Provide units that are UL 1449 -1987 listed for category "A" and "B" and that meet ANSMEEE 587 standards. Provide units that are rated 20 amps, 125 Volts NEMA configuration 5 -20R; Ivory color with condition indicator light and engraved or other means of identification of special receptacle. Provide units with minimum capacity of 70 Joules; MOV technology with 3 mode protection; line to line, line to neutral, and neutral to ground. Provide units capable of with standing 6500 amps peak surge current for 8 x 20 microsecond impulse. Units that have plug in replaceable modules are not acceptable. Provide units equal to Leviton, Pass and Seymour or approved equal. E. Acceptable manufacturers for wiring devices are General Electric, Bryant, Hubbell, Pass and Seymour, Sierra, Leviton. 1.03 SUBMITTALS A. Submit product data on all types of wiring devices including plates and engraving. Provide one sample of each type device for approval. END OF SECTION 811912005 16140 -1 CCUD SCWRF, RML Modifications 16C3 SECTION 16190 SUPPORTING DEVICES 1.01 GENERAL A. Furnish and install all supports, hangers and inserts required to mount fixtures, conduit, cables, pull boxes and other equipment furnished under this Division. All supporting devices and hardware exterior of buildings or interior of structures except in air conditioned spaces shall be stainless steel. Aluminum and non metallic supports (fiberglass) and hardware will be reviewed by the engineer on a case -by- case basis. B. All items shall be supported from the structural portion of the building. Supports and hangers shall be of a type approved by Underwriters' Laboratories. Wire shall not be used as a support. Boxes and conduit shall not be supported or fastened to ceiling suspension wires or to ceiling channels. C. Where plans call for conduit to be run exposed, this Contractor shall furnish and install all inserts and clamps for the supporting of conduit. This Contractor will be required to do the necessary cutting and patching to the satisfaction of the Engineer. 1.02 INSTALLATION A. All steel conduits shall be securely fastened in place on maximum of 6 foot intervals; all PVC conduits shall be securely fastened in place on maximum of 3 foot intervals vertically and 2 foot intervals horizontally. Hangers, supports or fastenings shall be provided at each elbow and at the end of each straight run terminating at a box or cabinet. The use of perforated iron for supporting conduits will not be permitted. The required strength of the supporting equipment and size and type of anchors shall be based on the combined weight of conduit, hanger and cables. Horizontal and vertical conduit runs may be supported by two -hole malleable straps, clamp - backs, or other approved devices with suitable bolts, expansion shields (where needed) or beam - clamps for mounting to building structure or special brackets. B. Where two or more conduits one inch (1 ") or larger run parallel trapeze hangers may be used consisting of concrete inserts, threaded solid rods, washers, nuts and stainless steel "L" angle iron, or Unistrut cross members. These conduits shall be individually fastened to the cross member of every other trapeze hanger with malleable cast one hole straps, clamp backs, bolted with proper size stainless steel machine bolts, washers and nuts. If adjustable trapeze hangers are used to support groups of parallel conduits, U -bolt type clamps shall be used at the end of a conduit run and at each elbow. J- bolts, or approved clamps, shall be installed on each third intermediate trapeze hanger to fasten each conduit. C. Hangers shall be made of durable materials suitable for the application involved and shall be stainless steel. D. On concrete or masonry construction, use "Tapcon" type fasteners. For brick construction, insert anchors shall be installed with round head machine screws. In wood construction, round head screws shall be used. An electric or hand drill shall 811912005 16190 -1 CCUD SCWRF, RML Modifications 16C3 be used for drilling holes for all inserts in brick, concrete or similar construction. In brick, inserts shall be near center of brick, not near edge or in joint. Where steel members occur, it shall be drilled and tapped, and round head machine screws shall be used. All screws, bolts, washers, etc., used for supporting conduit or outlets shall be fabricated from stainless steel, or approved substitution. END OF SECTION 811912005 16190 -2 CCUD SCWRF, RML Modifications SECTION 16450 GROUNDING PART 1 - GENERAL 1.01 DESCRIPTION A. Description of System: 16C3 In general, all electrical equipment (metallic conduit, motor frames, panelboards, etc.) shall be bonded together with a green insulated or bare copper system grounding conductor in accordance with specific rules of Article 250 of the N.E.C. Bonding conductor through the raceway system shall be continuous from main switch ground bus to panel ground bar of each panelboard, and from panel grounding bar of each panelboard to branch circuit equipment and devices. 2. Grounding conductors shall be installed providing shortest and most direct path from equipment to ground; be installed in metal conduit with both conductor and conduit bonded at each end; have connections accessible for inspection and made with approved solderless connectors brazed (or bolted) to the equipment or structure to be grounded; in no case be a current carrying conductor; have a green jacket unless it is bare copper; be run in conduit with power and branch circuit conductors. The main grounding electrode conductor shall be exothermic welded to ground rods: All connections at or below grade shall be exothermic welded. 3. All contact surfaces shall be thoroughly cleaned before connections are made to insure good metal to metal contact. 4. Mechanical lugs or wire terminals shall be used to bond ground wires together or to junction boxes and panel cabinets and shall be manufactured by Anderson, Buchanan, Thomas and Betts Co., or Burndy. 5. All exterior grade mounted equipment shall have their enclosures grounded directly to a separate driven ground at the equipment in addition to the building ground connection. 6. Provide bonding between all ground systems. Exterior ductbank counterpoise grounds shall be brought into adjacent building and bonded to the interior ground bus. Lightning protection grounds shall be bonded to building interior ground bus. All Instrumentation and control grounds shall be bonded to the power ground bus. Bond all surge suppression devices to protected equipment cases, the power ground green conductor, the equipment ground rod and to adjacent metallic systems, (hand rail, pipe stands, piping, etc). Bonding shall be facilitated via copper conductors. B. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, 8/19/2005 16450 -1 CCUD SCWRF, RML Modifications 09 even though not included or shown on drawings. A separate green with tracer grounding conductor shall be run from isolated ground receptacles to the isolated ground bar on the serving panelboard. Also provide a separate insulated conductor minimum size #2 from isolated ground bar on panel to shielded transformer ground lug. 1.02 SUBMITTALS A. Submit product data on ground rods, ground wire, ground connectors and data on exothermic weld. END OF SECTION 811912005 16450 -2 CCUD SCWRF, RML Modifications SECTION 16850 PLC CONTROLS INTEGRATION PART 1 - GENERAL 1.1 SCOPE 1603 A. Furnish and install, complete with all accessories, modifications to an existing programmable logic control based monitoring and control system as described herein and shown on the contract drawings. B. All system construction and programming will be the responsibility of the controls integrator (PLC) system supplier. All materials and labor shall be provided for a fully functional system including any items which are required for system operation but are not specifically addressed in this document or on the contract drawings. C. It is the intent of this specification that the system integrator have single source responsibility for the complete (PLC) system package for the project; PLC software and hardware modifications and coordination with the field instrumentation and interconnecting conduit and control wiring for total system responsibility. The existing PLC -5 shall be upgraded to receive field inputs. D. The contractor shall assume total systems responsibility for all aspects of this system including installation, commissioning and start -up of the system, training of operating personnel and coordinating interfaces between this system and equipment provided by others. This responsibility shall include all modifications within the existing PLC -5 including but not limited to, termination of field cables, terminal blocks, power supplies, surge suppression, interposing relays and other control devices as required forming a complete system. E. Modifications to the existing graphic screens and Intellution software (HMI) will be provided by South County Water Reclamation Facility operations staff. 1.2 PLC SYSTEMS INTEGRATOR A. The contractor shall utilize the services of one of the following approved Collier County PLC system integrator for this project: 1. Revere Control Systems 205 - 824 -0004 2. DCR Engineering Services 863 - 428 -8080 3. EMA, Inc. 407 - 865 -6601 4. ACT 800 - 228 -7185 1.3 SUBMITTALS A. Shop Drawings shall be submitted in accordance with Section 16050, Shop Drawings, Product Data and Samples. These drawings shall include: 8/19/2005 16850 -1 CCUD SCWRF, RML Modifications 16C3 1. A cover sheet consisting of a Bill of Material, purchase order number, manufacturer's job number, Owner's name, location, application and shipping address. 2. Modifications to mechanical layout drawings detailing the overall external dimensions of all enclosures. 3. Details for mounting of the processor, 1/0 racks, relays, motor starters, disconnect switch, fuse blocks, wireways, etc. All materials shall be labeled to provide easy cross - reference to the Bill of Material listing. 5. Electrical drawings detailing all hardwiring, done by the supplier, to devices such as relays, disconnect switches, fuse blocks, etc. Provide individual wire numbers and relay contact cross - reference designations. 6. A description of all input and output modules by name, rack, module and terminal location. 7. Modifications to the existing PLC5 input/output listing indicating, PLC number, drawing number, tag number, function description, 1/0 type, loop number and PLC address number. B. SHOP DRAWINGS: 1. Modifications to master wiring diagrams, elementary schematics and control schematics shall be submitted for approval before proceeding with manufacture. Shop drawings shall be on standard 11" X 17" media; drawn with a computer aided design package. 2. A complete drawing indicating each point of interface with the process control system and the type of signal provided or accepted at each point. This drawing shall depict the actual interface terminal block including all circuit designations. 3. Drawing modifications to be provided under this contract include but are not limited to Control Panel drawings for PLC5 and analog input wiring diagram for PLC5. C. SOFTWARE SUBMITTALS 1. The programmer of the software shall have a minimum of 5 years experience with software programming applications dealing with serial communication of the type to be used. D. O &M Manuals; Existing plant PLC O &M manuals shall be updated for the changes and modifications in this contract. PART 2 - PRODUCTS 2.0 PLC FIELD INPUTS /OUTPUTS A. The PLC controller (existing PLC5) shall monitor the status of proposed flow meter. 8/19/2005 16850 -2 CCUD SCWRF, RML Modifications 16C3 B. Modifications to the existing analog input 1/0 list for PLC5 include the following: Returned Mixed Liquor Flow Rate(analog input) 21 PLC HARDWARE A. Provide all necessary modification to the existing PLC5 controls cabinets to integrate the field 1/0 as indicated. Modifications include but are not limited to, termination of field cables, terminal blocks, power supplies, surge suppression, interposing relays and other control devices as required forming a complete system. Provide isolating current transmitters per existing architecture or if required for proposed analog signals. Hardware devices shall be identical to existing. Lightning and transient surge protection shall be provided for all circuitry entering or leaving the PLC cabinet. B. PLC 5 1. Existing Analog input Rack 7, Slot 2, Input 5. 2.2 ISOLATING TRANSMITTERS: CURRENT -TO- CURRENT ISOLATING TRANSMITTER A. Unit shall receive 4 to 20 mA do input signal and shall produce a isolated, proportional 4 to 20 mA do output signal into loads in the range of 0 to 1200 ohms minimum without load adjustments for a 24V do supply. Input impedance shall be less than or equal to 50 ohms. Unit accuracy shall be plus or minus 0.25 percent of span, minimum. Unit shall be provided with multi -turn span and zero adjustments. B. Unit shall be housed in a NEMA 1 rated enclosure and shall be furnished with an integral bracket for rear -of -panel mounting, unless otherwise noted. Unit shall have input/output and power isolation. Unit shall operate on 120 -volt, 50 /60 -Hz power. C. Unit shall be Moore Industries SCT /ECT, Weidmuller C -90, AGM Electronics PTA 4000; or equal. 2.3 ELECTROMAGNETIC FLOWMETER A. The electromagnetic induction flowmeter shall generate a voltage linearly proportional to flow for full -scale velocity settings from two to 33 feet per second. Standard accuracy of the pulse output shall be +/- 0.2% of rate +/- 0.01% of full scale (33 ft/sec) for all meters. The flow meter shall consist of a flow tube and a converter, which shall indicate, totalize and transmit flow. B. The meter shall incorporate a high impedance amplifier eliminating the effect of buildup on the electrodes. The meter shall utilize bipolar pulsed DC coil excitation with automatic coil- current fine tuning by the microcontroller to adjust the sensor current within a tolerance of t100mA. The amplifier shall incorporate 3 -stage signal processing to maintain system accuracy by the use of a 26 bit analog digital converter. The first stage will adjust the common -mode rejection ratio to filter out noise. The second stage will incorporate an INTEGRATED AUTOZERO function which compensates for any external interference signals and eliminates zero drift. Manual zero adjustments shall not be required -- even at start-up. And in stage three the measuring signal will be amplified by an AUTOGAIN function, depending on the actual amplitude of the flow signal, to automatically increase the measurement resolution at various flow rates, providing a turndown of at least 1000:1. To further insure the specified accuracy, the electronics shall 8/19/2005 16850 -3 CCUD SCWRF, RML Modifications 16C3 automatically perform an internal temperature drift compensation. Power consumption shall be no more than 15 VA, independent of meter size. Upon any power failure the unit will retain all setup parameters and accumulated measurements internally in non - volatile memory. All units will be protected against voltage spikes from the power source by utilizing internal transient protection. C. The flowmeter shall have optical Touch Control programming which can be operated through the enclosure window, without opening the electrical enclosure. The flowmeter shall have a 4 -line x 16 character backlit LCD display used for programming as well as for simultaneous display of flow rate and total flow in user - selectable engineering units, and readout of diagnostic error messages. The electronics shall include infinitely adjustable low flow cutoff. D. Provide flowmeter programming via a Laptop PC or a handheld communicator using HART protocol. Outputs shall be an isolated 4 -20 mA DC into 700 ohms load, proportional to flow rate plus a scaled 24 VDC pulse or open collector frequency output operating at frequencies up to 10 kHz an adjustable pulse width (0.05 to 2 sec). The analog output shall have an adjustable response time from 0.05 to 100 seconds. Digital filtering will be integral. The transmitter housing shall be powder coated cast aluminum of NEMA 4X rating. Provide 2 programmable relay outputs, for diagnostic error output, MAX/MIN flow rate set points, dual ranging, empty pipe detection, flow direction or for batching. E. The meter body shall be rated for temporary submersion to 30 feet of water for up to 48 hours and permanent submergence of up to 10 feet of water. It shall be rated for NEMA 6P and IP 68. The meter body shall include grounding and empty pipe electrodes of the same material as the measuring electrodes. The meter body shall have self - healing powder zinc coating or 316 Stainless Steel for corrosion resistance. Liner shall be of a hard rubber material and electrodes shall be Alloy C -22 to be compatible with the process fluid. F. The flowmeter transmitter shall be calibrated for 0- 100 %flow range; 4 -20ma. Provide Endress + Hauser PROline Promag 53 Series Endress Hauser Magnetic Flow Measuring System model Promag 5 or Krone equal. Provide NEMA -6; IP67, IP68 permanently submersible rated flow tube. PART 3 - EXECUTION 3.1 INSTALLATION A. The work included in this section consists of furnishing, installing and placing in operation the instruments and appurtenances, including all conduit, wiring and circuitry, necessary to provide the Owner with a fully operable system properly calibrated and installed. B. Include the services of a factory trained, qualified service engineer of the equipment manufacturer to inspect the complete equipment installation to assure that it is installed in accordance with the manufacturer's recommendations, make all adjustments necessary to place the system in trouble -free operation and instruct the operating personnel in the proper care and operation of the equipment furnished. 8/19/2005 ] 6850 -4 CCUD SCWRF, RML Modifications 16C3 C. All workmanship utilized in the manufacture and installation of this system shall be of the highest quality and performed in a manner which is consistent with all accepted practices for industrial controls. 3.2 MOUNTING OF EQUIPMENT AND ACCESSORIES A. Install and mount equipment in accordance with the Contract Documents, manufacturer's instructions and installation detailed shop drawings. Mount equipment so that they are rigidly supported, level and plumb, and in such a manner as to provide accessibility; protection from damage; isolation from heat, shock and vibration ; and freedom from interference with other equipment, piping, and electrical work. Do not install field enclosures, cabinets, and panels until heavy construction work adjacent to the equipment has been completed to the extent that there shall be no damage to the equipment. B. Locate devices, including accessories, where they shall be accessible from grade, except as shown otherwise. C. Coordinate the installation of the electrical service to components related to the system to assure a compatible and functionally correct system. All accessories shall be coordinated and installation supervised by the Contractor. E. Test the completed system after installation to assure that all components are operating with the specified range and all interlocks are functioning properly. END OF SECTION 8/19/2005 16850 -5 CCUD SCWRF, RML Modifications EXHIBIT K 16C3 PERMITS TPA#1953633.11 GC- CA -K -1 16,C3 EXHIBIT L STANDARD DETAILS TPA #1953633.11 GC- CA -L -1 1603 EXHIBIT M PLANS AND SPECIFICATIONS TPA #1953633.11 GC- CA -M -1 16C3 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA #1953633.11 GC- CA -N -1 --i A O 16C3 El A =w Im �x m = M 1w 0 CL NO obi m 0 0 CD 0 0 a. S > O CL CL (A (D 'o < Ot 0, c N l< (A U) M Al p CL om m --4 0 El A =w Im �x m = M 1w 0 CL NO obi m 0 0 CD 0 0 a. 1f,C7'� MEMORANDUM Date: November 17, 2005 To: Richard Cannyn Project Manager, PUED From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A South Florida Water Management District Local Government Agreement No. DG061166 Enclosed please find a copy of the document as referenced above, (Agenda Item #16C7), approved by the Board of County Commissioners on Tuesday, November 15, 2005 Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A r. Attach to original document. Original documents should be hand delivered to the Board Office. T11 cample o sl n 71isinal Print on pink pape documents are to be forwarded to the Board office only after the Board ROUtTING SLIP item.) Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 throu h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials I Date F-1 3. Q 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Phone Number Contact T C �(/ k'/J C ti a�-' 2 — Sri - Agenda Date Item was Agenda Item Number Approved b the BCC m fir' 0 � Type of Document p Number of Original Attached 0 'V 'T !t 4 c-T Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Ii Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the ,yam 3. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's �l signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain (tom time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on bl . /5',as (enter date) and all changes made during the meeting have been incorporated in the attached document. The ("minty Attornev's Office has reviewed the changes if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 — 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM 16C7' Recipient: Agreement Number: DG061166 Collier County PUED Governing Board Approval Date: October 12, 2005 Recipient's Project Manager: Peter Schalt District Funding Amount: $1.000,000.00 Address: Termination Date: September 30, 2006 3301 Tamiami Trail, Bldg H Naples, FL 34112 Telephone No: (239) 530 -5343 Fax No: (239) 530 -5378 SFWMD Project Manager: Ed Rectenwald Telephone No.: (561) 682 -2975 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 3' )416-4680 Insurance: Not Applicable Federal Employer Identification Number: 21- 07019995 Project Title: Collier County PUED - AWS FY2006 Description: Hawthorn Zone 1 Wells RO -101N and RO -102N, NCRWTP New Hawthorn Zone 1 and Lower Hawthorn, and Lower Hawthorn Wells RO -18N, RO -19N and RO -20N Agreement No. DG061166, Page 1 of 9 This Agreement is entered into between "the Parties," the South Florida I& C7emen"t District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all fundinu received by the Recipient from the District. ARTICLE 1 —PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Schedule of Deliverables Exhibit C Reporting Form ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement, and shall terminate on the date noted on the first page of this Agreement. ?? The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to S. 373.1961(3)(e), Florida Statutes. =.� The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, Agreement No. DG061166, Page 2 of 9 16C7:41 including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for the construction activities described in Exhibit "A ". ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Schedule of Deliverables ", attached hereto as Exhibit "B ". On or before August 1, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenasC�sfwmd.gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the project. Agreement No. DG061166, Page 3 of 9 16C7 ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and /or equity. �? The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in Agreement No. DG061166, Page 4 of 9 16C7 the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. DG061166, Page 5 of 9 16C7 ARTICLE 8 — STANDARDS OF COMPLIANCE S.l The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. S.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. S.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. S.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this project. S.S A Recipient who operates a public water supply utility shall, by June 1, 2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2006. Recipient of funds for a reuse project shall provide a status report by August 1, 2006 addressing the following issues: (1) accounting of reclaimed water usage and method used Agreement No. DG061166, Page 6 of 9 for reclaimed water 3 the status o im enCt? (meters, etc.); (2) all rates and charges , O g public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August 1, 2006. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. DG061166, Page 7 of 9 16C7 103 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 — GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 1 1.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement maybe amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. Agreement No. DG061166, Page 8 of 9 16C7 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 73.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) SFWMD Procurement Approved: By: _ ff. ', i_ �.�c Date: A SFWMD Office of Counsel Approved: A , Bil." 1URK AVIGMX 95 t�um 1 rMla a s Sys Date: LA). Recipient's Legal Name: The Board of County C ssioners of Colliei County, FL By Authorized Official: Fred W. Coyle Title: Chairman Date: November 1, 2005 Agreement No. DG061166, Page 9 of 9 16C% EXHIBIT "A" STATEMENT OF WORK Collier County Hawthorn Zone 1 Wells RO-101N and RO -102N Brief Proiect Description: 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 production as a result of increased chloride levels in existing RO Wells No. 1 N, 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 of the 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 of the Hawthorn Zone 1 Well Nos. RO -101 N 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. Exhibit "A" to Agreement No. DG061166, Page 1 of 2 16C7 Lower Hawthorn Wells RO -18N, RO -19N, RO -20N Brief Project Description: 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. NCRWTP New Hawthorn Zone 1 and Lower Hawthorn Brief Project Description: 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. 1. Project Background — North County Regional Water Treatment Plant (NCRWTP) New Hawthorn Zone 1 and Lower Hawthorn 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 provided to meet demand. The NCRWTP New Hawthorn Zone 1 and Lower Hawthorn project will provide additional wells to meet demand needs. The two -part project objective is to: collect hydrogeologic data to evaluate the feasibility of further developing this aquifer for brackish water supply, in one or more of the areas being investigated, and for later use in wellfield design and permitting. In addition, the NCRWTP New Hawthorn Zone 1 and Lower Hawthorn project will assist the County to rely less on their fresh groundwater sources. This project is the first phase of a program to develop a brackish water supply in the areas being considered for the future Lower Hawthorn extension. In this phase Hawthorn Zone 1 wells will be drilled and aquifer tests performed. It is expected that these wells will be further developed into production wells, utilizing the Hawthorn Zone 1 aquifer as an alternative water supply. Exhibit "A" to Agreement No. DG061166, Page 2 of 2 16C7 EXHIBIT "B" SCHEDULE OF DELIVERABLES Total payment by the District to Collier County PUED shall not exceed the amount of $1,000,000.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1, 2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emails, memos, and letters. Task No. Deliverable(s) Invoice Date Report Due Date District Not - To- Exceed Payment 1 Status Report N/A December 1, 2005 N/A 2 Status Report N/A February 1, 2006 N/A 3 Floridan Well Construction & Transmission Aril 1, 2006 N/A $500,000.00 4 i Status Report N/A April 1, 2006 N/A 5 Status Report N/A June 1, 2006 N/A 6 Concentrate Pump and Pilot Plant August 1, 2006 N/A $500,000.00 7 Annual Status Report N/A September 30, 2006 N/A TOTAL SFWMD PAYMENT $1,000,000.00 Exhibit "B" to Agreement No. DG061166, Page 1 of 1 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2006 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 16C7 Cost for this Phase Type of Water Quantity of Water Made Available (MGD) Upon Com letion of This Phase Construction Duration Alternative Supply Proposed Actual Start Finish $ $ Local funds $ $ Cost for this Phase Proposed... Actual Total Construction Cost — This Phase $ $ Funding for this Phase District funding this phase $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "C" to Agreement No. DG061166, Page 1 of 1 1661� MEMORANDUM Date: December 16, 2005 To: Jack Curran, Purchasing Agent Purchasing Department From Michelle Morales, Deputy Clerk Minutes & Records Department Re: Contract #05 -3896 "South County Water Reclamation Faciltiy Chemical Storage and Feed Facility Upgrades" Contractor: Mitchell & Stark Construction Co. Enclosed please find three (3) set of the original documents as referenced above, (Agenda Item #16C10) as approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please contact me at 732 -2646 ext. 7240. Thank you. Enclsoures J ih� 6 C1 r:'OUNTY ATTORNEY ITEM NO.: DATE RECEIVED: FILE NO.: 2005 DEC - 8 AM 10: 19 �j � n � � (� ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 2, 2005 To: Robert Zachary Assistant County Attorney From: Jack Curran b Purchasing A nt 239/417 -6098 Re: Contract #05 -3896 "South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades" Contractor: Mitchell & Stark Construction Co. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 15, 2005 Agenda Item: )3�Cl.C.10 C,- I'D This item has not been previ L V- sly submitted. ACTION REQUESTED: Contract review and approval. OTHER COMIIIENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. G C- U r DATE: TO: FROM: RE: Memorandum December 2, 2005 Sheree Mediavilla, Senior Analyst Risk Management Department /J; Jack Curran Purchasing ent D < Ny� 16C10 Review of Insurance for: 05 -3896 "South County Water Reclamation Facility Chemical Storage & Feed Facility Upgrades" Mitchell & Stark Construction Co. This Contract was approved by the BCC on November 15, 2005, Agenda # 16.C.10 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 6098 cc: Alicia Abbott, PUED 16CII SOUTH COUNTY WATERI KECLAMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES COLLIER COUNTY BID NO. 05 -3896 COLLIER COUNTY, FLORIDA Design Professional: HOLE MONTES, INC. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16C10 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Hole Montes, Inc. and identified as follows: "South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades ". as shown on Plan Sheets 1 through 4. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records 16C10 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA SOUTH COUNTY WATER RECLAMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES COUNTY BID NO. 05 -3896 Separate sealed bids for the construction of South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 30th day of September, 2005, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 19th day of September, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades -Bid No. 05 -3896 and Bid Date of September 30, 2005 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $50.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated -- damages in the event the Successful Bidder fails to execute the Agreement and file the GC -PN -1 16C10 As required bonds and insurance within fifteen (15) calendar days after the receipt of the _. Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Sixty Five (165) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 9th day of September, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing /General Services Director GC -PN -2 16C10 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -8 -1 16C10 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -IB -2 16C10 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-113-3 16C10 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. GC-84 : 16CIO Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC -IB -5 16C10 AM Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a m_ professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete - list of the subcontractors to be used on the Project, but rather only the major :. 16C10 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -IB -7 16C10 i COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TANHAN11 TRAIL ADAHNISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 417 -6098 FAX (239) 530 -6596 ADDENDUM DATE: September 20, 2005 TO: Interested Bidders FROM: John P Curran Purchasing Agent httpJ /co.collier.f.us SUBJECT: Addendum # 1 — Bid #05 -3896- "South County Reclamation Facility Chemical Storage and Feed Facility Upgrades" Addendum #1 covers the following changes for the referenced Bid: Remove: Section 09820 Attachments - Photograph No. 1 through Photograph No. 5. Add: Attached Photographs to Section 09820 Attachments — Photograph No. 1 thru Photograph No. 5. Suppliers submitting proposals for the above- referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Technical Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page WS -P -1 of the Bid Proposal. A -1 If you have any questions regarding the specifications, please Abbott, Project Manager, Public Utility Engineering Department at fax 239/530 -5378, or by email to aliciaabbott(WcollierGov.net cc: Alicia Abbott, Project Manager A -2 contact Alice 239/530 -5344, 6C10 16C10J PHOTOGRAPH No. 1 PHOTOGRAPH No. 2 950 Encore Way SOUTH COUNTY WATER RECLAMATION FACILITY Naples, FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES Phone: (941) 2542000 mo Florida Certificate of TYPICAL STAINLESS AND PVC BN FRS P Autlionzabon No.1772 SUPPORT FOR FILL CONNECTION BE WALL MOUNTED OR FLOOR MOUNTED AS REQUIRED. SEE WORK SCOPE AND SPECIFICARONS FOR MATERIALS. 2004.032 05/05 PHOTOS No.1 do 2 A Til IN No a L. I - if 'N 4 0 I 16C10 PHOTOGRAPH No. 4 Dim 950 Encore Way SOUTH COUNTY WATER RECLAMATION FACILITY Naples, FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES : (941) 2542000 HOLE M ON TES Florida Certificate of TANK DRAIN AND OVERFLOW PIPING ENOEM- RANI - SLVINORS Authorization No.1772 2004.032 05/05 PHOTO No.4 16C10 PHOTOGRAPH No. 5 950 Encore Way Naples, FL. 34110 "^ Phone: (941) 254-2000 Florida Certificate of EIiAE101.S NANEAS SUIYEigIS Authorization No.1772 SOUTH COUNTY WATER RECLAMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES SURESITE LEVEL INDICATOR 2004.032 05/05 PHOTO No. 5 Ab 950 Encore Way SOUTH COUNTY WATER RECLAMATION FACILITY 2004.032 Naples, FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES Phone: (941) 254 -2000 05/05 HOLE M O N T E S Florida Certikate of I)KNIER - ftlIIIERS -SIIR4 tilts Audxmization No.1772 CHEMICAL DISCHARGE PIPING COLOR CODE PHOTO No. 6 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 16C10 SOUTH COUNTY WATER RECLAMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES BID NO. 05 -3896 g Full Name of Bidder at �-I' Main Business Address Place of Business Telephone No. 2;3 -�i 7 2�fv Fax No. 2 3 State Contractor's License # u C. v 5-6 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 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 and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contractor's Number Initials 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 BID SCHEDULE 16CIO SOUTH COUNTY WATER RECLAMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES Bid No. 05 -3$96 Bidder proposes to furnish and install the following in accordance with the scope of work in the Contract Documents: No. Description Unit Unit Price Total Price 1 EXISTING CHEMICAL, STORAGE FACILITY AT LS $ I Z 4-t CC: $ Z CCO EQUALIZATION TANKS 2 BLEACH STORAGE AND LS $ � ,�' G $ d � coo ` PUMPING FACILITY —� 3 NORTH AERATION BASIN LS $ $ �' ODOR CONTROL FACILITY 4 SOUTH AERATION BASIN LS $ , $�` ODOR CONTROL FACILITY EXISTING SLUDGE (CG Z7� t Cc - 5 HOLDING TANK ODOR LS $ $ CONTROL FACILITY 6 ALUM STORAGE LS $ /'7 $ I7 7ClL, FEED FACILITY — � TOTAL BID PRICE $ GC -P -2 16C10 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 �re �; lSc:lA�- /rt;'DiC'ATI,� �Ca i�C /t`SIJ' 1 n,�.� =- 2. 3. 4. 5. Dated �&'a–'-s- Bidder BY: - GC -P -3 16C10 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 Ordinance 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. Category of Work Subcontractor and Address 2. 3. 4. 5. Dated c1 Bidder BY: GC -P -4 16C10 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 Agreement. Proiect and Location Reference 1. 2. i T C- 3. w- 1 ' /,Z-, 4. ` 5. 1/ M /� �j -rV,-� ti y 6 f o eo tL ! (r JJ r i,, L. (g—> A!�� -S 4- a : J ,G ! . e -- mil, Dated `// S Lh� /(� Bidder BY: GC -P -5 16C10 TRENCH SAFETY ACT 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) L( F.SY) �- y e, c.j 1 . ,ice Li xe >0 .� Z 2. 3. 4. 5. 1 TOTAL $ -D" o ©v Failure to complete the above may result in the Bid being declared non - responsive. Dated 2, �2 O /os Bidder BY: GC -P -6 16C10 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 Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner'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 and Thirty Five (135) 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 and 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 r/ G r r G� c- County of C c� R C , ') �� .v�rJ 6�,..i" , 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. 0� tv .�� , 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 (a) Corporation The Bidder is a corporation organized and existing under th r which operates under the N -tA 11 SSG/ k CONSI Cc, %�z'� and officers are as follows: President f c � ej 1�G ��< `_ < 0 - Secretary & r %w� per- .,.,,�& � 16C10� e laws of the State of legal name of the full names of its Treasurer F, -- '0 q a "',"» c),-✓ Manager l r "-,N) �" r✓ The ti �� N� is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken z i : , 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: Y,l 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 FiTTIVOCR GC -P -8 legal entity I _1 Witness Witness STATE OF '�"-%& �"A t' COUNTY OF �__ %/� 16C10 , A- Name of Bidder (Typed) Signature Title The foregoing instrument was acknowledged before me this 36> day of 2005, by X r- T,-, � , as of M A �- k -- I I I S1 C a corporation, on behalf of the corporation. He /she is person la lykn _wn to me or has produced as identification and did did not) take an oath. My Commission Expires: N-l?' - 0->� (Signature of Notary) NAME: 0/'/ 11` -(n •_'S (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 91069% Morris sons My Commission DDOS 9332 or ad'p moires January 7 2008 BID BOND o 16 C 1 +� KNOW ALL MEN BY THESE PRESENTS, that we Mitchell and Stark Construction Co., Inc. (herein after called the Principal) and Fidelity and Deposit Company of Maryland (herein called the Surety), a corporation chartered and existing under the laws of the state of Maryland with its principal offices in the city of Baltimore and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of Commissioners (hereinafter called the Owner, in the full and just sum of Five Percent of Maximum Bid Amount dollars $( 5% ) 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 proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades Bid No. 05 -3896 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of 100 Percent of the total Contract price each in a form and with security satisfactory to the said Owner. then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand. the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed sealed this 30th . day of September , 2005 MITCHELL AND STARK CONSTRUCTION CO., INC. Principal By (Seal) FIDELITY AND DEPOSIT COMPANX OF ARYL) Surety By c. _ (Seal) A ony E. Ortman - Attorney -in -fact Countersigned Local Resident Producing Agent for Florida 1410 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived_ This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 16C10 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h�eo c�s,,'h by nominate, constitute and appoint Anthony E. ORTMAN, Andrew M. HATHEWAY, Jo HQ4 mtt irk, a � istopher M. ti JOACHIM, all of Indianapolis, Indiana, EACH its true anf,,.Ja," '0' ' �itgxRe� ��c�lL; ake, execute, seal and deliver, for, and on its behalf as surety, and as its act<�t1 c&' t, 1 D net l iit � deitakings, and the execution of ,- -' l' i` ,,. t.. i n 1 such bonds or undertakings in pursuanceetscjtl�ss;tihall he*j liijditi►l�i�csri said Company, as fully and amply, to all intents and purposes, as if the I r � �5'r3atecuwd a#i l a by the regularly elected officers of the Company at its office in Baltimqrc l thdik �dn p -wpp I : power of attorney revokes that issued on behalf of Anthony E. ORTMAN, Andrewy,q 4��EW�"[� Ir1*-,A' �EFERSTEIN, Jo HOLLINGSWORTH, Christopher M. JOACHIM. dated April 20, 2004 �, ,. ,�,i �� The said Assistant 9r ry does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of August, A.D. 2005. ATTEST: State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND i Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 29th day of August, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notate Public My Commission Expires: July S, 2007 POA -F 044 -A 9/ 1 Maria D. Adamski Notate Public My Commission Expires: July S, 2007 POA -F 044 -A 16G10 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board. or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1 t day of 5tt�rj i t 1 Kx r y; Assistant Serretaty 1 C10 6 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1 day of Assistant .Secreurry _.,) 16C10 oft THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, 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 information 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: 05 -3896 "South County Water Reclamation Facility Chemical Storage and Feed Upgrades " September 30, 2005 12. The Bid will be mailed or delivered in time to be received no later than the specified opening 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 Bidder Name Signature & Title DATE: ct f f ro /v C . GC -P -12 16C10 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Mitchell & Stark Construction Co., Inc., ( "Contractor ") of 6001 Shirley St., Naples, FL 34109, an Indiana Corporation , authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades, Bid No. 05 -3896 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Holes Montes, Inc., the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: [DESCRIBE IN WORDS] two hundred seventy -four thousand, seven hundred dollars & zero cents ($274,700.00). GC -CA -13 16C10 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred and Thirty Five (135) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within One Hundred and Sixty Five (165) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC -CA -14 16C10 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Seven Hundred and Sixty One Dollars and Twelve Cents ($761.12) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor 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 the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the R part of the Owner. GC -CA -15 16C1� G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Hole Montes, Inc. and identified as follows: "South County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades" as shown on Plan Sheets 1 through 4. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: GC -CA -16 16C10 Ms. Alicia Abbott Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail Building H Naples, Florida 34112 Tel: 239 - 530 -5344 Fax: 239 - 530 -5378 Email: aliciaabbott(a)colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Brian Penner, CEO Mitchell & Stark Construction Co., Inc. 6001 Shirley Street Naples, FL 34109 Tel: 239 - 597 -2165 Fax:239- 566 -7865 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -CA -17 16C10 Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in GC -CA -18 16C10 a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. GC -CA -19 16C10 Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNES ES . U�--A /1- ( (2:::5-- By. FIRST WITN SS LA3 y /Prin e%, SEC N S J'pk L� sc�, Type /Print Name Date: 'I 2 -' 15 -0 5 ATTEST: *a BY-. Apr As' T J and �fnun's Robert ZajAryl Assistant County Attorney CONTRACTOR: Mitchell & Stark Construction Co., Inc. IR �L- Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -19 BY: '114 W. Fred W. Coyle, Chairm 16C10 Aft BUSINESS CONTACT INFORMATION (Firm's Complete Legal Name) Main Business 60 0 0 (Address) l�aP�e -s , (City, State, ZIP) Contact Name Phone No. 34 7 - 2141..5- Title FAX No. 3 R Y Co 1- 7 8 Email address: Q e -v v c? P 2 ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) Contact Name Title Office Servicing Collier County Account /Place Orders /Request Supplies (REQUIRED ONLY if different from above) Contact Name Title (City, State, ZIP) Phone No. FAX No. Email address: (Address) (City, State, ZIP) Phone No. _ FAX No. Email Address: 16C10 Fidelity and Deposit Company of Maryland I lome OMice: P.O_ Boy 1237. lialtinrore. MI) 212(); -1227 Bond No. PRP 881 92 43 Performance Bond An', singular reference to Contractor_ Suret%. Owner or other party shall be considered plural where applicable. Ct )N I RAC 1( )R (Name and Address). Mitchell K Stark Construction Conipan} 6001 Shirley Street Naples I -l._ 341 O9 OWNI.R (Natne and Address): Board of County Conunissioners. Collier CountN _ Florida 5600 Warren Street Naples 1 I.. 34113 C'()NS'lR11C I1ON C()NTRAC 1 Date: Nov ember 16. 2005 Sl1Rl `1 Y: Fidelity and Deposit Compare} of Mary land 3910 KcsvAick Road. Baltimore MD, 21211 Amount: $ 274.700.00 1 vro I lundred and Sev'entc -Four Thousand, Seven I lundred and no /100 DOLLARS Description (Name and Location): Contract # 05 -3096 South CountA Water Reclamation Facilit,, - Chemical Storage And Peed FacilitN upgrades BOND Dale (Not earlier than Construction Contract Date): Nov ember 16, 2005 AmottnL $ 274.700.00 1'vvo I Iltlldred and SevcntA -Four Thousand, Seen I lundred and no /100 DOLLARS Modifications to this Bond: X None ❑ See Page 3 C( )N I RAC I ( W AS PRINCIPAL. Compam- Mitchell v, Stark COnSlrUCtlUn Compare. Corporate Seal Signature: Name and fillr: �. eq,� �G�JN GC t EO (Am additional signatures appear on page 3 ) St 1RF fY Company : Fidelity and Deposit Company of Ma and Scal Signature: vt Name and "title: Antl ny 1 Oilman Attorney -in -Fact it•Y1K I \pI/ZV, 1,710\ l7ti�l.) 1�rmu..lclrirr.cs crrlct Telephone/ A(i1j:N 1, or B q, 11 :R: OWNFR'S RITRESFN FA fIVF (Architect. F,ngincer or other partvl: WILLIAMS R 1: INS A(iFNCY INC PO BOX 224 W.DORA IN. 47200 -0224 512 -355 -5223 }'rink I in cnnpcYation kith the American Institute of:ArchitecLs (:AI.A) hV, Fidelity and Deposit Company of Mary land 1 I.idcllly ,lid Deposit CollipanA of Marti land xouches that the language in the document conforms elactic to the Ianguas,c used in .AI:A Document :A -?12. December 1 <)i{4 Edition. YRI 76002//060 11" \\ ithout \loditicalions I The Contractor and the Surety. juinth� and severally. bind themselves. their heirs. executors, administr'ator's. successors and aliens to the Owner for the performance of the Construction Contract_ which is incolporated herein by reference. 2 If the Contractor perlonus the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond. except to participate in conferences as provided in Sub - paragraph 3.1 . 3 If there is no Ovvner Default, the Surety's obligation under this Bond shall arise after: 3.1 The ( )vvlet- has notified the Contractor mud the Surety at it, address described in paragraph 10 below that the tlwner is considering declaring a Contractor Default and has requc lcd and attempted to arrange a cuntcrence Urth the Contractor and the Surety to be held 1101 later than fifteen days alter receipt uC such notice to discuss methods of pet lorming the Construction Contract 11 the thvncr. the Contractor and the Sure, asree. the Contractor shall be allmyed a reasonable time to pertorm the Construction Contract, but such an agreement shall not waive the Owner's right. it' any. subsequenth to declare a Contractor Detaulti and 3.2 l he ()Noner has declared a Contractor Detaull and for - trinlh terminated the Contractor's right to complete the con - tact. Such Contractor Default shall not be declared earlier Than twenty day s alter the Contractor and the Surety have received notice as prov ided in Sub- paragraph 3.1: and 3.3fhe Ovvier has agreed to pay the Balance o the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perlorm the Corlst-uctiotn Contract in accordance with file terms of the contract with the Ovvner. d W hen the Ow ner has satisfied the conditions of Paragraph 3. the surety shall prompth and at the Surety's expense take one of the look w i11e actions: 4 .1 Aranac for the Contractor. with consent of the Owner. to em riction Contract. opi 42 undertake to perform and complete the Construction Contract it,clf through its as,ernls or through independent contractors: or 4.3 Obtain bids or negotiated proposals front qualified con- tractors acceptable to the (loner for a contract for perlbr- mance and completion of the Construction Contract_ arrange for a contract to be prepared fur execution b} the Owner and the contractor selected with the Otvner's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract_ and pa. to the Ovvner the amount uC damages as descnbed in Paragraph 6 in excess of the Balance of the Contract price incurred by the ( honer resulting Irons the Contractor's detault: or =4.4 Waive its right to perlorm and complete. arrange for completion_ or obtain a new contractor and \with reasonable promptness under the circumstances: I After investigation. determine the amount for which it 16Clu Ab may be liable io the Owner and, as soon as prac- ticable after the amount is determined. tender pay- ment therefor to the Owner. or .2 Dewy liability in whole or in part and notitl the Owner citing reasons theretor. 5 If the Surety does not proceed as provided in paragraph a vAith reasonable prumptttess. the Snretq shall be deemed to be in detault on this Bond fifteen days after receipt of an additional written notice from the Ovyner to the Surety demanding that the Suret} pertonr its obligations under this Bond. and the ()vvtier shall be entitled to enforce any remedy available to the Owner. 11 the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, in whole w in part, without further notice the ONNner shall be entitled to cnlorce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to com- plete the Construction Contract, and it the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 above, then the responsibilities of the Surety to the Ovvner shall not be greater than those of the Contractor under the Construction Contact. and the responsibilities of the Owner to the Sure [\, shall not be greater than those ol' the Owner under the Construction Contract. To the limit oC the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Surety is obligated without duplication for: 61 The responsibilities of the Contractor liar correction of delective vwork and completion of the Construction Contract: 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Suret} under Paragraph =1: and 6.3 Liquidated damages. or if no liquidated damages are specified in the Construction Contract. actual damages caused by delayed performance or non - performance of the Contractor. 7 The surety shall not be liable to the Owner or others for obliga- tions of the Contractor that are unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entiv, other than the Ownner or its heirs. executors. administrators or successors. 8 The Surety hereb, waives notice of any change. including changes of time. to the Construction Contract or to related sub- contractors. purchase orders and other obligations. 9 Am proceeding. legal or equitable, under this Bond may be instituted in any court of comtpelent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two vcars after Contractor Default or uvithin two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever occurs first. It' the prm'isions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a detcnse in the jurisdiction Printcd in cooperation with tlic American Institute of ,Architects by Fidelth and Deposit Company of Man ^land fidelity aud. Deposit Company of Marvland vouches that the language in the document conforms exacth to the laneuace used in .Al.A Document .A -312, Mccmhcr 1984 L(lition. A shall be applicable. 11) Notice to the Suretri. the Omner or the Contractor shall be mailed or delivered to the address shown on the signature page. I I When this Bond has been furnished to comph xNith a stalutot� or other le_al requirement in the location where the construction was to be pertormed. amp pro ision in this Bond conflicting with said statuton or legal requirement shall be deemed deleted herefrom and provisions contorning to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construccl as a ;tatUton hond and not as a common laov bond. 12 DI :FINI-IIONS 12.1 Balance ofthe Contract Price: the total amount payable b� the Owner to the Contractor under the Construction Contract niter all proper adjustments have been made. including alloMauce to the Contractor of any amounts received or to be received by the MODIFICATIONS TO Tl HS IiO ND ARV AS FOLLOWS: 16010 Owner in settlement of insurance or other claims for damages to «hick the Contractor is entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement bet>Nccn the Owner and the Contractor identified on the signature page_ including all Contract Documents and changes thereto. 12.3 Contractor Defaull: Failure of the Contractor, which has neither been remedied nor waived. to perform or othenyise to comply with the terms of the Construction Contract. 12.4 Owner Default Failure of the Owner_ which has neither been remedied nor waived. to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ) Space is provided bclov\ for additional signatures of added parties, other than those appearing on the cover page). C'ON fRAC "fOR AS PRINCIPAL Compam. Signature. Name and Title: Address: SURE' I Y: (Corporate Seal) Cotnpam: Signature: Name and Title: Address: (Corporate Seal) Printed in cooperation kith the American Institute of Architects (ALA) by Fidelity and Deposit ComPaliN of MarvIand FidelttN and Deposit Compariv o1 Man,land pouches that the language in the document conforms exactly to the Iansuage used in AIA Document . k -?12. December 1984 P.dition. LF I Fidelity and Deposit Company of Maryland I Iome 011ice: P.O. BoN 1227- Baltimore, MD 21203 -1227 Payment Bond 16C10 Bond No. I'RF 881 92 43 Arny singular rclerence to Contractor_ Surety _ Chyner or other party shall be considered plural where applicable. CON I RACI OR (Name and Address): Nhtchcll & Stark Construction ConnpanN (BOO I Shirlcy Street Naples FI ;41 O9 OW'NI :R (Name and Address): Board of County Commissioners_ Collier County. Florida 5600 Warren Street 811121 I fY: Fidelity and I)eposit CompanN ol'Marvland 3910 Kesvyick Road, Baltimore MD, 21211 Naples H._ 34113 C( )NS I RI JC I ION C( KI RAC I I)atc: November 16. 2005 Amount: S 274.700.00 Two I lundred Se�ronty lour Thousand. Seven I lundred and no /100 DOLLARS Description (Name and Location): Contract # 05 -3890 South County Water Reclamation Facility - Chemical Storage And Feed Facility Upgrades BOND I)ate (Not earlier than Construction Contract Date): November 16, 2005 Amount: `6 274.700.00 Two l lundred Seventy Four TIIOL[sand, Seven I lundred and no /100 IN)LLARS Modifications to this Bond: El None ❑ See Page 3 CONI RAC I OR AS PRINCIPAI. Company : Mitchell &, Stark Construction Compam Corporate Seal Signature- Name and Title: SURETY Coln pam : Fidelity and Deposit Company - Ma e nd Signature: - Stgt Name and Title: Antho ° V. Ortman Attorney -in-Fact (Am additional signatures 4p pear on page 3,) (FOR L'`FOW1A TIM- 0W.) voinc,Ackhess and 7elephortci AGI�:'VT or BROKI�:IZ: OWN F;R'S RF,PRFSF?N "I�A1'[V1�: (Architect, Engineer or other party ) WILLIAMS R 1' INS AGI-:N'Y INC. PO 13( )X 224 MH)ORA 1N. 47260 -0224 -. , 2 -358 -5223 Printed in cooperation with 'l'he Amuican Institute of Architects (,AI:A) by Fidelity and Deposit Company of Maryland I- idelity and I )ewsit Coilwarr% of Maryland N ouches that the language in the document conforms exactly to the laniauaac used in Al A Document :A - -, 12, Decomher 1981 harrlON- 11 A 1 76002//05011' \\ ithout Modifications 1 The Contractor and the Surch. joint] and severally. bind thcntselces. their heirs. executors. administrators. successor and assigns io the Ovinel. to pay IOr labor. materials and equipment furnished I'M r nse in the perlonnance of the Construction Con- tract. which is incorporated herein by rcfercncc 2 . this obligation shall be null and void i f the Contractor: 2 1 Prontptl makes payment_ directly or indirectly. for all sums duc Claimants. and 2.2 I)ctends. indenmitics and holds harmless the Owner Prom claims. demands, liens or suits by am person or entity whose claim, demand. lien or suit is for pa%iment Ior labor. materials or equipment furnished for use in the performance of the Construction Contract. provided the Owner has promptIN notified the contractor and (he `;urcty ( at the address dc;cribedin paragraph 12) Of' any claims. demands. liens or snits and tendered detense of such claims. demands. liens or suits to the Contractor and the Sureh_ provided there is no ( )\vncr I)efault. 3 With respect to Claimants, this obligation shall he null and void 11' the Contractor prunptl makes payment. directly or in- directl\ . for all sums due. q the Surer shall have no obligation to Claimants under this I3ond until. 41 Claimants who are employed by or have a direct contract with the Contractor have giccn notice to the SuretN (at the address described in Paragraph 12) and sent a copy. or notice Ihcleof. to the Owner, stating that a claim is being made under this Mond and, with substantial accuracy_ the amount of the claim. 42 Claimants who do not have a direct contract with the Contractor: I lIace liuntshed written notice to lire Contractor and sent a cope, or notice thereof to the Owner. within 90 days after having last pertonncd labor or last liuished materials or equipment included in the claim stating, with substantial accuracy_ the amount ot' the claim and the name oI the parr to whom the materials were 1Lrnished or supplied or for whom the labor was done or pertonue& and 2 I lave either received a rejection in whole or in part from Irons the Conlractor. or 1101 received within 30 da\_s of furnishing the ahrne notice am communication prom the Contractor he which the Contractor has indicated the claim will be paid directly or indirectly_ and 3 Not Ravine been paid within the above 30 days. have sent a written notice to the SureIN (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the ()vMier. stating that a claim is living madeunder [his I3ond and enclosing a cope of the previous w -nuen notice furnished to the Contractor. 5 If a notice required bN Paragraph 4 is given M the Owncr to the Contractor ort0 the Stlrety. that is sufficient compliance. 16CIO AM 6 When the Claimant has satisfied the conditions oI Paragraph 4. the Surety shall prompth and at the Sureh's expense take the tollow'ing actions: 6.1 Send an answer to the Claimant. with a cop } to the Owner. mthin 4 days after receipt of' the claim. stating the amounts that are Undisputed and the basis for challenging anv amounts that are disputed. 62 Pay or arrange for pa�ment of any undisputed amounts. 7 The SuretN's total obligation shall not exceed the amount of this Bond. and the amount ofthis Bond shall be credited for any payments made in good faith bs the Surety 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the ped,ornaance of the Construction Contract and to satist" claims. it any, under any Construction Performance I3ond. ]3v the Contractor tarnishing and the Owner accepting this Bond. then agree that all funds earned bN the Contractor in the pedorntance oY the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this ]load, subject to the Owners prionty to use the bards for the ccnnpletion of the work. The Surely shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for pay- ment of any costs or expenses ofany Claimant under this Bond. and shall have under this Mond no obligations to make paN mcnts to_ give notices on behalf of or Otherwise pace obligations to Claimants under this Bond. 10 The Sureh hereby waives notice of any change, including changes of time, to the Construction Contract or to related sub- contracts, purchase orders and other obligations. I I No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or pail Of the work is located or alter the expiration oPone Near from the date (1) on which the Claim- ant gave the notice required by Subparagraph 4.1 or Clause 423. or (2) on which the last labor or service was perforncd by om one or the last materials or equipment were furnished b-, anyone under the Construction Contract whichever of'( I ) or (2) first occurs. tl the provisions ol'this Paragraph arc cold or prohibited by law, the minimum period oHnnitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Sureh the Owner or the Contractor. however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to complN w ith a statutory or other legal requirement in the location where the construction vvas to be pertonned. am provision in this Bond cont]icling xyith said stattitor} or legal requirement shall be deemed deleted hercfrom and provisions Contornnng to such statutory or other legal requirement shall be deemed incorporated herein. Tlie intent is that this Bond shall be construed as a statutrnl txmd and not as a Common law bond. Printed in eoolmation with The Alncrioan Institute of.Architects (.�Li) by I'tdehty and Deposit Compam of' Maryland 1'ldehty and Deposit Conlpam of Mari Iand vouches that the language in the document conforms exacth to the lenauagc uced in :AI:A Document :A -I 2. lleccmher 1984 Edition. ld tlpon request b-, am person or en itv appearing to be a poten- tial bcnetieiar% of this Bond, the Contractor shall promplIN fur- nish a cope of this Bond or shall permit a cope to be made_ 15 DI ]VINI"I'MNS I �.I Claimant: An individual or entit,, hating a direct con - trtct N\ ith the Contractor or mill a subcontractor of the Con- tractor to furnish labor, materials or equipment titr use in the perliOrmance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials m equipment" that part of eater. ells. power. light. heat oil. easoline. telephone service or rental equipment used in the Consttliction Contract. architectural and engineering sett ices MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 16CIO required for performance of the work of the Conlractor and the Contractor's subcontractors. and all other items tirr which a mechanic's lien mad be asserted in the jurisdiction vv here the labor. materials or equipment were furnished. 15.2 Construction Contract: The agreement beteecn the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 153 ( hvner Delault: Failure of the O«ner, which has neither been remedied nor waived_ to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other teens thereof. ( Space is proN ided belo" li 16CIO a AM 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 16C10 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC. D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, ?e'are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hf'e�F,, )t h by nominate, constitute and appoint Anthony E. ORTMAN, Andrew M. HATHEWAY, Jo H�r�t�1h1F apd� tstopher M. JOACHIM, all of Indianapolis, Indiana, EACH its true an�„Ia �+ i ` AQt�w)r #; t;,;'4S ake, execute, seal and j ''. ' t.� deliver, for, and on its behalf as surety, and as its act�.at�tl`yTt'C1, 1�- an7l,tertakings, and the execution of such bonds or undertakings in pursuance i�esfl said Company, as fully and amply, to all intents and purposes, as if they X14 �u�sateuted ap'{ivlcdd by the regularly elected officers of the Company at its office in Baltimot �-thr thtzw'n prJpp�t �5ls.�`hr� power of attorney revokes that issued on behalf of Anthony E. ORTMAN, Andrev114A`" E►�i�?�,A(IEFERSTEIN, Jo HOLLINGSWORTH. Christopher M. JOACHIM, 4• r 5 dated 2004 20 i A rl , ; . P }� � r ; , \�5�� The said Assistant 5bx'retary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of' said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of August, A.D. 2005. ATTEST: '�O 9EFOS�i 0 i 1M ? �'wl�lh State of Maryland l ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Sec•retar.v By: William J. Mills Vice President On this 29th day of August, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .��C•�f' f�f'7f�4 �:'1lfil� ' ;C• r Q. C Maria D. Adamski Nntary Public My Commission Expires: July 8, 2007 POA -F 044 -A lo%010 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies. contracts, agreements. deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May. 1990. ` RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this /� day of Assistant Secretan, 1210B/2005 06:25 12395667865 MITCHELLSTARK 16tio d9tE IMFAIDD yym a1C080. CERTIFICATE OF LIABILITY INSURANCE 12/07/05 TIM CERTIF -ATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI3HT8 UPON THE CERTIFICATE Tobias Insurance Group, Inc. MOLDER. TM CERTFICATE DOES NOT AMEND, EXTEND OR 9247 N. Meridian St. Ste- 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Indianapolis IV 46260 NAIC s phone:317- 644 -7759 )rax:317 -944 -9910 INSURERSAFfORDINGGOVERAOE INSURED INSUREP A. inri b A "Icsomn 2— C-mp -m INSURER B Arch APbe Altr nhn 94 ee- 21199 Mitchell 6 stark Construction INSURER C: Coepan4, Ine7c�. - Florida maples i�rL 31109 ®et INSUREr+o- P81.RER E: COVERAGES OF INSURANCE LISTED BELOW rKYE BEEN ISSUED TO THE NS57ED NANEDAACM FOR TLf t OLICY PERIOD RNDICATED, NOTWITHSTANDING TIE POLICIES ANY RMftRFKeNT, TERM OR C.ONDMON OF ANY CONTRACT OR OTHER DOCLWEKr WITH RESPECT HEREIN IS SUBJECT TO WHtCDq THIS CERTIFICATE TO ALL THE TERMS, E><CLhJSICNS MAY BE IMED AND CJOTYXTIONS OR f)F' SUCH MAY pF,FiTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESMOM POLICIES. AGOREC-ATE LIMBS SHOYM MAY HAVE BEEN REDUCED BY PAID CLASA3. L-M ME OF INKPAME POLICY HUMBER DIME D TE MiM00P n LIMB! EACl10CCURPfNCE 41,000,000 OEN(ARJLL uA91LRY X COMMERCKL GENERA�L LIABILITY 19ti0464141)4 (05) 03/01/05 03/01/06 -V MILLI PREMIWA Ee oorTler 1 6 300 , 000 MEDEXP IA^Y h * eerxnj $10,000 A X CLAIM; MADE L ^- ' OCCUR PERSONAL aADA INJURY 11,;0 0,000 X Contractual Liao GENERALA00MC;ATE t2,000,000 X $2,900 PD DED PROMCM - CM44CP AGG 1 2 , DOO , ODO GENL AGGRCGATE LIMIT APPLIES PER: POLICY X PIEFCr LDC COMBINED SMIGLE L 1KT (Ep -6dMU) $1,000,000 AUTOMOBILE UABUTY ,7,, X ANY AUTO gtIM641483 (05) 03 /01/05 03/01/06 ALL OWNED AUTOS BOQILY INJURY (Phv penes) F SCHEDL.LEO AUTOS j X HIRED AUTOS GIDDILY INAFY (Per eccldehd) 4 X NON•do^w- AUTOS - PROPERTY DAMAGE f DPer eccldenb AIJTO OWL Y•EAACGIOENE 5 j C3ARJ<(:F LUB1t.ITY EA ACC i OTHER TV" AUTO OILY. AGG E•=ER 15,000,000 tAMY LL.A LMBtm ULP0D0 476300 (05) 03/01/05 03/01/06 A00 0AIMSMKOE E 110,000 X WORIDERB COWID --ION AND EMPLOYEMLM LITY WC4641485(05) — 03/01/05 03/01/06 S.L EACH ACC IDEW _ $1,000,000 A ANY C ROPRIETOR/PARTNERre)jCUCNE EL. DISEASE - EA EMPLOYEE S 1 , 000 , 000 OFF ICERMMEJM"EXCLUDED) II dwrlaeunder E.LDIFFA3E- PrYLICYLIMIT S1,000,000 yyee, SPECIAL PROVISKNS below CTINFJ+ OESCRr T70N OF DPeRATON7 ! LocATIONS f VEHICLES I EXCLUSOM AODED BY ENDLMF44r; T) aPECU1t PROYI91DNs COUNTY, SLORDIA IRS: SID ADDITIONRL INSURED [QMIZAAL LIABILITY] : COLLIER *05-3646 RSCS.PLaQITIOM rACILITY CXEMC.AL STORAGE "D rErM FACILITY UPGRADES. CERTIFICATE HOLDER CANCELLATION OF THE AROVE DESCRIBED POLICIES BE CAMCKLED SE?FORE TIE EXPIRATION COLLIER 9HDUL0 ANY DATE THEREOF. THE ILSUINO NJICatER PALL M4MYOR To MAIL 30 OAY9 WRn'rEN COLLIER COUNTY, LZORDIA NOTICE TO THE CWMMCATE HOLDER NAMED TOTME LEFT, OUT FAILURE TO OO 90 SHALL BOARD or COL7NTZ CC!laSSIONP.RA NPOSE NO DBL IGATION OR LIABCLRY Of AMA WIa UPON THE INSURER TT9 ADEN" OR 3301 LAE'T T11IV>!+ a TRAIL REINRESHITATIVB9- mPI, =S FL 34112 wmanmwrm REPRESENTATIVE 10Ef '; CORD CORPORATION 1"S ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MM roD1YYYY) MITCH -1 11/18/05 PRODUCER NSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tobias Insurance Group, Inc. `247 N. Meridian St. Ste. 300 DATE (MMIDDIYY) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ndianapolis IN 46260 A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx1 OCCUR Phone:317- 844 -7759 Fax:317- 844 -9910 03/01/05 INSURERS AFFORDING COVERAGE NAIC# INSURED PREMISES(Eaoccurence) INSURER A. Zurich American Ina. Company MED EXP (Any one person) Mitchell & Stark Construction Companyy, Inc. - Florida 6001 SFilrle street Naples FL 3109 PERSONAL & ADV INJURY INSURER Arch specialty insurance Co. 21199 INSURER C: s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER RO- POLICY X JECCT LOC INSURER $ 2,000,000 INSURER E'. A ._. v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMIK LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MWDDIYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx1 OCCUR (3L04641484(05) 03/01/05 03/01/06 EACH OCCURRENCE $ 1,000,000 PREMISES(Eaoccurence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER RO- POLICY X JECCT LOC PRODUCTS - COMPtOP AGG $ 2,000,000 A ._. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BUA4641483(05) 03/01/05 03/01/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ $ B EXCESSIUMBRELLA LIABILITY X OCCUR ❑ CLAIMSMADE DEDUCTIBLE X RETENTION $10,000 ULP000476300 (05) 03/01/05 03/01/06 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC4641485(05) 03/01/05 03/01/06 X TORY LIMITS ER E.LEACHACCIDENT $1,000,000 E . DISEASE - EA EMPLOYEE $1f000,000 E . DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE: BID #05 -3896 RECLAIMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES. CERTIFICATE HOLDER COLLIER COLLIER COUNTY, FLORDIA BOARD OF COUNTY COMMISSIONERS 3301 EAST TAI+IIAMI TRAIL NAPLES FL 34112 �.APII.CLLN i IVI'1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) U-T-:C V. / "Uam"MCORD CORPORATION 1988 16C10 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 16ClU Aft coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse .owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs m any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the - sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No GC- CA -B -2 16C10 . (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the c-nntractor during the term of this Agreement for all employees engaged in the work under this reement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. work Applicable X Not Applicable Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: _ General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 _ . _ General Aggregate GC- CA -B -3 $ 500,000 16C10 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such °^verage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC- CA -B -4 16C10, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. �2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work. ko) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 GC- CA -B -5 16C10 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 16C10 EXHIBIT C RELEASE AND AFFIDAVIT FORM 0UNTY OF COLLIER ) ,'ATE OF FLORIDA ) Before me, the undersigned authority, personally appeared _ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2005 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 16C10 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM RE: Bid No. _ Project No. Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ = Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ect Name) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION °'c'NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments rived from OWNER on account of Work done under the Contract referred to above have been applied to discharge in tull all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : . (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 16C10 N 0 Q U U '01 F W y r _� �ro W U W J — cl O a a E ro W o L. a p v wp pia J F W- W N c a QWaQ C « O J a 0 p u ro E 2 w O O U F- o c N c W Q c E w o O W ro o F 1- U U) Q E y o ro 0 C 0 a WO O - ` V1 = 0 S a vF m W u v F W N L o Y o R G Q a o a F 3� W W N O U LL. d 2 F 4 ro — O f O -o m N a W N J U 2 z 3 W 3 Q W ro d ` x U) o V oo �c fA L d > W > p[ ~ c = n� ro IL L L F- U ..o o c O y W J > W > U « O p J - — W Q � _ ro U Q V to of N m 3 L N O c , .% L c c d o - v c « m ro _ c O H ro F c �O L ° a E c U w O ro r U J U m W Q O C U p F ; m c O H c _ C O N d U c ~ w = Q' m ro fO N N L (L u W X ° = W C L W a - 3 16C10 N 0 Q U U '01 TO: Project Name: Bid No. : Change Order No.: Change Order Description 16C10 I EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, 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. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Authorized by: Department Director Division Administrator (For use by Owner: Fund Cost Center: Number: ) GC -CA -E Date: Date: Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. 16C10 � This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC- CA -F -1 16C10 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title WDR CONTRACTOR accepts this Certificate of Substantial Completion on , 2005 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2005 By: OWNER Type Name and Title GC- CA -F -2 16cloi EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 2005 1, All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by NIA. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) 16C10a By Design Professional (Firm Name) (Signature) (Typed Name & Title) By Owner: GC- CA -G -2 (Department Name) (Signature) (Name & Title) 16C10„ EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC- CA -H -1 16C10 . those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC- CA -H -2 16C10 I 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 16010 48 Ift 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments v_ of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H-4 16 C1046 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC- CA -H -5 16C10 ,1 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC- CA -H -6 16C10Ad substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC- CA -H -7 16GlU 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC- CA -H -8 16C10 a faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -H -9 16C10 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as, Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or GC- CA -M -10 16C10 sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC- CA -H -11 16C10 i or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC- CA -H -12 16C10 ; "I' for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC- CA -H -13 16C10 ; Aft bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC- CA -H -14 16C10 of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC- CA -H -15 16C10 notice, Contractor may, upon fourteen (14) additional days' written notice to -the Owner, �- terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC- CA -H -16 16C10. they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC- CA -H -17 16C10 .M the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. GC- CA -H -18 16C10 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC- CA -H -19 16C10 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC- CA -H -20 16C10� shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC- CA -H -21 16C10 encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the which is located upon or adjacent to Contractor shall comply with the following: Work may be progressing on a Project site an existing Owner facility. In such event, GC- CA -H -22 16C10, 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such GC- CA -H -23 16C10 meetings (including the pre - construction conference) as may be directed by the Project _. Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at coiliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by GC- CA -H -24 0 16C10 appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. GC- CA -H -25 16C10, 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: GC- CA -H -26 16C10 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds GC- CA -H -27 43 16C10 34.1.18 AM Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC- CA -H -28 .01 16C10 EXHIBIT I " SUPPLEMENTAL TERMS AND CONDITIONS a. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and - g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. GC- CA -1 -1 16C10 AM EXHIBIT TECHNICAL SPECIFICATIONS GC- CA -J -1 TABLE OF CONTENTS 16C10 CONTRACT DOCUMENTS CHEMICAL STORAGE AND FEED FACILITY UPGRADES SOUTH COUNTY WATER RECLAMATION FACILITY Pg. 1. Supplemental Instructions to Bidders 2. Project General Requirements 3. Scope of Work 2 Bid Item 1. Existing Chemical Storage Facility at Equalization Tanks 2 Bid Item 2. Bleach Storage and Pumping Facility 4 Bid Item 3. North Aeration Basin Odor Control Facility 5 Bid Item 4. South Aeration Basin Odor Control Facility 5 Bid Item 5. Existing Sludge Holding Tank Odor Control Facility 6 Bid Item 6. Alum Storage Feed Facility 7 4. Specifications Section 06500 - Fiberglass Products Section 09820 — Cementitious Coating Section 15060 — Supports and Anchors 5. Attachments Photograph No. 1 and No. 2 — Typical Stainless Steel and PVC support Photograph No. 3 — Typical Grating Installation Photograph No. 4 — Tank Drain and Over Flow Piping Photograph No. 5 — SureSite Level Indicator Detail No. 1- Typical Level Indicator Detail Photograph No. 6 — Chemical Discharge Piping Color Code Poly Processing 5050 Gallon Upright Tank Drawing No. I — SCWRF Site Plan Drawing No. 2 — Location and Detail Fiberglass Grating Drawing No. 3 — North Aeration Basin Odor Control Facility Roof Structure Drawing No. 4 — Piping at Alum Facility August, 2005 Chemical Facilities Upgrades South County WRF HOLE MOIl�tl O CHEMICAL STORAGE AND FEED FACILITY UPGRADES SOUTH COUNTY WATER RECLAMATION FACILITY 1. Supplemental Instructions to Bidders Each bidder must bid on all Bid Items and complete all items in the Bid Form. All Work under this Bid will be awarded to one Contractor. Specifications can be found at the end of this document. Contract Drawings are attached. 2. Supplemental General Requirements This Contract shall include all labor, materials, plant, equipment, tools and supervision to construct and place into operation the Work described in the Contract Documents, which consist of the General Requirements, the Scope of Work, the Specifications, and the Attachments including Drawings. The Contractor shall utilize Collier County's standard Utility Department specifications and details for all Work except as noted otherwise in the Contract Documents. 2. The Contractor shall complete all Work at the South County Water Reclamation Facility as described in this document and referenced attachments within 150 calendar days after receipt of Notice to Proceed. 3. The Contractor's attention is directed to the fact that other contractors may be working at the South County facility. Accordingly, the Contractor must coordinate and Schedule all Work with the other contractors. The maximum number of Contractor vehicles of any kind allowed on site at one time will be four. 4. All Work shall be coordinated and scheduled to prevent any interruption to operation of the existing chemical feed facilities or any of the odor control facilities. Work on each chemical facility shall not proceed until: (a) a ten -day advance written notice for each facility is provided to the County, and (b) approval is received from the County to proceed with work on that specific facility. Work is allowed on only one bleach storage tank at a time. 5. Refer to Drawing No. 1 for location of the proposed Work within the South County Water Reclamation Facility. The Facility address is 6500 Wildflower Way, Naples, FL 34112. May, 2005 1 Chemical Facilities Upgrades South County WRF 16C10 3. Scope of Work Bid Item 1. Existing Chemical Storage Facility at Equalization Tanks Chemical Filling Hose Connection: a) Relocate the two existing fill connections to the inside of the containment area and provide pipe supports for each. b) Provide a stainless steel tray along with a four ft long, 6 -inch PVC half -pipe to support the chemical filling hose at each connection to the fill piping. Tray shall be constructed of 3/16 -inch by 4 foot 316 stainless steel plate. Support shall either be fiberglass strut as manufactured by either Aickenstrut or Corrim Co. or 1.5 -inch Schedule 40 316 stainless steel pipe. Secure with 316 stainless steel fasteners. All fill hose connections shall be located inside the tank containment area. Refer to attached Photographs No.l and No.2 "Typical Stainless Steel and PVC Support for Fill Connection" c) Provide a "SODIUM HYPOCHLORITE - BLEACH" sign and a "SODIUM HYDROXIDE" sign at appropriate fill line connection. Sign shall be aluminum plate, 1/8 by 12 by 10 inches with edges beveled, secured with 316 stainless steel fasteners and mounting angles, and black, block lettering with size and style as approved by the Engineer. Location and orientation of sign to be as directed by the County. Chemical Discharge Piping: d) Provide color code on all piping using special weatherproof labeling tape with bleach piping as bright yellow with blue bands and sodium hydroxide piping as safety yellow. Provide printed, weatherproof labels and directional arrows on all piping. Refer to Photograph No. 6. Scrubber Area: e) Provide fiberglass grating and supports in the area between the existing tank containment wall and scrubber. Position grating to be approximately 6- inches above the concrete slab and extend 30 feet length by approximately 27 -inch width to cover the existing pipes. Use 316 stainless steel fasteners and anchors. Refer to attached Drawing No. 2 "Typical Fiberglass Grating" for additional information and Photograph No. 3 as an example of a similar grating installation. Refer to specification Section 06500. fj Fill and re -grade to the top of concrete slab at the south grating entry. Refer to attached Drawing No. 2. New Sodium Hypochlorite (NaOCI) Storage Tank: g) Contractor shall make an inspection of the new tank at the SCWRF. The new tank has been purchased by the County and is located at the chemical storage facility by the equalization tanks. Contractor shall identify and report missing items based on the attached Poly Processing Drawing and field observation. h) Clean and dry existing NaOCI storage tank. County will remove most of tank's contents. Contractor is responsible for removal and disposal of the last two feet of tank's contents and the tank. August, 2005 2 Chemical Facilities Upgrades South County WRF 16C10 i) Remove existing NaOCI storage tank and unused, existing anchorage system. Unused - anchor bolts shall be cut off flush with top of slab. j) Install the new vertical NaOCI storage tank and connecting piping in accordance with the manufacturer's instructions for handling, storage and installation of tank. Installation shall include the following items: - Supply all labor, equipment, and incidentals required to install, complete and make the new storage tank ready for services. - Install the fiberglass pad under the new NaOCI storage tank - Cage and access ladder shall be installed as a part of this work in accordance with OSHA standards. - Fill and discharge piping connections shall be rerouted to connect to existing pipes. Supply and install piping extensions and ball valve at the tank connections. - Contractor shall supply and install all anchors and fasteners to securely anchor the tank to the concrete slab. - Supply and install all special weather proof labeling tape on the tank and on the new pipe as indicated in Bib Item 1. d. k) After installation, the connecting pipes, and valves shall be tested by filling with water. The tank and fittings shall hold water without loss, evidence of weeping or capillary action for a period of 24 hours prior to acceptance. After testing, the tank shall be thoroughly cleaned and dried. Sodium Hydroxide (NaOH) Storage Tank Drain and Overflow Piping: 1) Disconnect the overflow piping from the drain piping at the tank. Revise the overflow piping by using two 90 degree elbows to realign the overflow piping to discharge adjacent to the drain location. Refer to attached Photograph No.4 "Tank Drain and Overflow Piping ". m) Change the drain valve to a flanged valve with a blind flange at the outlet. No socket welded fittings shall be installed on drain system. Provide a permanent, chemical resistant "Drain" label on the tank at the drain nozzle. n) Provide 316 stainless steel pipe supports at the floor for the overflow piping and the drain piping. Chemical Containment Area: o) Remove all loose, hollow or cracked cementitious coating on the containment area exterior concrete walls. Remove chemical signs and wall mounted eyewash unit. Dispose of all debris and pressure wash affected areas. p) Apply cementitious coating to all defective areas as per Specification Section 09820. Apply concrete finish coating as required so that all exposed concrete surfaces are uniform in texture. Cure coating as per manufacturer's recommendations. q) Paint all concrete containment area exterior walls to match adjacent structures with 2 coats of acrylic latex. Paint color and manufacturer to be approved by County before application. r) Provide fiberglass ladders and platform over the containment wall and into the containment area. Use 316 stainless steel fasteners and anchors. Configuration and August, 2005 3 Chemical Facilities Upgrades South County WRF 16C10 construction of ladders to comply with OSHA regulation. Refer to attached Drawing No. 2 for ladder location. s) Provide emergency eyewash and shower inside containment area. Alarm and signal for the new emergency eyewash and shower to be connected to the same devices on the existing eyewash and shower located immediately to the north. Emergency eyewash and shower shall be Bradley Model S 19- 310FSS, all stainless steel. Refer to attached Drawing No. 2 for emergency eyewash and shower location and connection. Bid Item 2. Bleach Storage and Pumping Facility Chemical Filling Hose Connection: a) Provide stainless steel tray along with a four ft long, 6 -inch PVC half -pipe to support the chemical filling hose at the connection to the fill piping. All fill hose connections shall be located inside the tank containment area. Refer to attached Photographs No. I and No. 2 for additional information. Also refer to Bid Item l .b. h) Provide a "SODIUM HYPOCHLORITE - BLEACH" sign at the fill line connection. Provide and install as per Bid Item Lc. Sight Gauges: c) Change sight gauge appurtenances at each tank to include flexible expansion joint at top connection, additional ball valves /flanges, blind flanges and 316 stainless steel supports. Provide Viton gaskets for all valves and fitting flange connections. Provide drain with blind flange on sight gauge assembly to facilitate liquid removal if gauge is - replaced. For all other materials requirements, refer to the Specifications at the end of this document. For additional information, refer to the attached Detail I "Typical Level Indicator ". d) Change sight gauge with SureSite Level Indicator Type BP as manufactured by Gems Sensors, Inc. Two inch Schedule 80 pipe shall be used. Provide new sight gauge at each tank. Refer to Photograph No. 5 "SureSite Level Indicator at the NCWRF ". Submit shop drawing to Engineer for approval. SureSite Level Indicator Type BP se Tt i GNC L5b Side and Side Process Connections August, 2005 4 Chemical Facilities Upgrades South County AW 16C10 � e) At each sight gauge assembly, provide an additional stainless steel pipe support at the floor as shown on Detail I "Typical Level Indicator ". Drain valves: f) Provide stainless steel pipe support at each drain valve assembly. Provide a chemical resistant, secure "DRAIN" label on each drain nozzle. Chemical Piping in Containment Area: g) On all bleach piping, provide an 8 -mil UV stabilized polyethylene sheet in a double wrap around each reinforced flexible pipe coupling to reduce exposure to UV radiation. Secure polyethylene with nylon tie - wraps. Bid Item 3. North Odor Control System at Aeration Basins Aluminum Roof Structures: a) Provide a pre - engineered aluminum roof structure over the Sodium Hypochlorite storage tank. Relocate existing wall mounted light fixture. Roof and support system shall be designed by Professional Structural Engineer registered in Florida. Refer to attached Drawing No. 3 Roof Structure. Design calculations, materials of construction and installation drawings to be submitted to Engineer for approval. Tanks Drain and Overflow Piping: b) Disconnect the overflow piping from the drain piping at the tank. Revise the overflow piping alignment to discharge adjacent to the drain location. Refer to attached Photograph No.4 "Tank Drain and Overflow Pipe ". c) Provide a blind flange at the outlet drain valve. No socket welded fittings shall be installed on drain system. Provide a permanent, chemical resistant "Drain" label on the tank at the drain nozzle. d) Provide 316 stainless steel pipe supports at the floor for the overflow piping and the drain piping. Chemical Discharge Piping: e) Provide color code on all piping using special weatherproof labeling tape with bleach piping as bright yellow with blue bands and sodium hydroxide piping as safety yellow. Provide printed, weatherproof labels and directional arrows on all piping. Refer to Photograph No. 6. Bid Item 4. South Odor Control System at Aeration Basins Chemical Filling Hose Connections: a) Extend each fill lines like the North Odor Control System at Aeration Basins and provide stainless steel pipe supports for each fill pipe. b) Provide a stainless steel tray along with a four ft long, 6 -inch PVC half -pipe to support the chemical filling hose at each connection to the fill piping. Tray shall be constructed of 3/16 -inch by 4 foot 316 stainless steel plate. Support shall either be August, 2005 5 Chemical Facilities Upgrades South County WRF 16C10 fiberglass strut as manufactured by either Aickenstrut or Corrim Co. or 1.5 -inch Schedule 40 316 stainless steel pipe. Secure with 316 stainless steel fasteners. All fill hose connections shall be located inside the tank containment area. Refer to attached Photographs No.1 and No.2 "Typical Stainless Steel and PVC Support for Fill Connection ". c) Provide a "SODIUM HYPOCHLORITE - BLEACH" sign and a "SODIUM HYDROXIDE" sign at appropriate fill line connection. Sign shall be aluminum plate, 1/8 by 12 by 10 inches with edges beveled, secured with 316 stainless steel fasteners and mounting angles, and black, block lettering with size and style as approved by the Engineer. Location and orientation of sign to be as directed by the County. d) Provide new quick disconnect cap at each fill connection. Cap shall have stainless steel chain securing it to piping. Provide separate, long -link stainless steel chain through the rings of the disconnect levers for future keyed padlock furnished by County. Bid Item 5. Existing Sludge Holding Tank Odor Control Facility. Sodium Hydroxide Containment Area Structure: a) Raise the existing containment wall height by 12 inches. The extended wall shall be 8 inches thick and have #5 reinforcing steel at 12 -inch centers, each way, one mat. Install steel with 4 -inch embedment in existing concrete using epoxy grout. Provide % inches chamfer on all exposed edges. Provide continuous hydrophilic waterstop against existing concrete and at all construction joints. Sodium Hypochlorite (NaOCI) Tank: h) Provide approximately 13 if of 3 -inch Schedule 80 PVC fill pipe with two 90 degree elbows, ball valve and a new quick disconnect cap at the inlet as indicated in Bid Item 5.e. to improve access to the fill connection from the west. Chemical Filling Hose Connections: c) Modify each fill connection to a height of 36 to 42 inches and provide stainless steel pipe supports for the fill pipes. Inlet pipes to be supported by new stainless steel pipe supports. d) Provide a stainless steel tray along with a four ft long, 6 -inch PVC half -pipe to support the chemical filling hose at each fill pipe connection. Tray shall be constructed of 3/16 -inch by 4 foot stainless steel plate with 1.5 -inch Schedule 40 stainless steel pipe supports. Secure with stainless steel fasteners. All fill hose connections shall be located inside the containment area pointing to the west side. Refer to attached Photographs No. 1 and No. 2 "Typical Stainless Steel and PVC Support for Fill Connection ". e) Provide new quick disconnect cap at each fill connection. Cap shall have stainless steel chain securing it to piping or pipe support. Provide separate, long -link stainless steel chain through the rings of the disconnect ears for future keyed padlock furnished by County. Chemical Piping in Containment Area: August, 2005 6 Chemical Facilities Upgrades South County WRF 16C10 ; Provide color code on fill piping using special, weatherproof labeling tape with bleach as bright yellow with blue bands and sodium hydroxide as safety yellow. Provide permanent, chemical resistant flow arrows and pipe identification. Provide and install as per Bid Item I .c. Refer to Photograph No. 6 for more information. Bid Item 6. Alum Storage Feed Facility Piping Modifications: a) Disconnect the hose bib line from the potable water system and connect to the 2" proposed PSW pipe as shown in Drawing No. 4 Piping at Alum Facility. b) Provide a stainless steel tray along with a four ft long, 6 -inch PVC half -pipe to support the chemical filling hose at the fill pipe connection. Tray shall be constructed of 3/16 -inch by 4 foot stainless steel plate with 1.5 -inch Schedule 40 stainless steel pipe supports. Secure with stainless steel fasteners. All fill hose connections shall be located inside the containment area. Refer to attached Photographs No. 1 and No. 2 "Typical Stainless Steel and PVC Support for Fill Connection" as an example of a similar fill connection. c) Provide "ALUM" sign at the fill line connection. Sign shall be aluminum plate, 1/8 by 12 by 10 inches with edges beveled, secured with 316 stainless steel fasteners and mounting angles, and black, block lettering with size and style as approved by the Engineer. Location and orientation of sign to be as directed by the County. August, 2005 7 Chemical Facilities Upgrades South County VWRF 16C10, 4. Specifications • Concrete: Ready mix concrete shall be 4,500 psi and equal to Krehling Industries mix design 45AXD. Submit design mix to Engineer for approval. Reinforcing steel shall be ASTM A615, Grade 60, and installation shall comply with the latest ACI and CRSI standards. • Concrete Repair: Where existing reinforcing steel is cut and left exposed, the concrete shall be chipped back one inch around each bar and the steel cut back one inch from the surface. Repair concrete using non - shrink grout to provide finish equal to surrounding area. • Fiberglass Products: Fiberglass ladder, platform, grating and support, refer to Specification Section 06500, Fiberglass Reinforced Plastic Products and Fabrications. Submit detailed layout drawings and materials information to Engineer for approval. Ladder and platform to comply with OSHA regulations. • CPVC Piping Materials: 1. CPVC pipe and fittings shall conform to ASTM F441, Sch 80 and the material standard in ASTM D1785, Class 23447. Submit shop drawings on proposed pipe and fittings material to Engineer for approval. 2. Flange Joint Accessories for Sodium Hypochlorite Piping Systems. a) Fastener Material: AISI 316 stainless steel. b) Full Face Gasket and Seal Material: Viton. c) Flanges shall be flat face conforming to dimensional standards in ANSI B 16.5, Class 150. Material shall conform to ASTM D4024. 3. At solvent weld joints, use solvent weld cement and thinner approved for sodium hypochlorite. Submit proposed cement to Engineer for approval. 4. Purge CPVC used for chemical piping with dry compressed air (DCA) for flush and clean. 5. The CPVC shall be testing for leakage and repair as requested in all pipelines. • PVC and CPVC Valves: 1. PVC and CPVC ball valves shall be manufactured by Heyward, GF Plastic Systems, Inc., ITT Engineered Valves or equal. 2. PVC or CPVC Ball Valves shall have a working pressure of 150 psi, with lever operators. 3. The valve bodies, end pieces, balls and stems shall be constructed of Type 1, Grade 1, PVC or CPVC. The seats shall be constructed of Teflon and the seals constructed of Viton. The handles shall be PVC. 4. The ends shall be as described in the Work Scope. 5. Submit shop drawing on proposed valves to Engineer for approval. August, 2005 8 Chemical Facilities Upgrades South County WRF LoC10J • Flexible Expansion Joint: 1. Manufacturers a) General Rubber Co.; b) Mercer Rubber Company; c) Metraflex; d) Red Valve Company 2. Rated Working Pressure: 150 psig. 3. Reinforced Flexible Couplings for Chemical Service a) Material: suitable for fluid b) Maximum Temperature Rating: 180° F 4. Coupling Flanges a) Type: Integrally molded. b) Retaining Rings Type: Split and beveled Material: AISI 316 stainless steel c) Accessories: AISI 316 stainless steel washers at point where retaining rings are split d) Flange Bolt Holes and Bolt Circle: Conform to mating flange patterns of connecting piping. 5. Control Units a) Manufacturer: Same as coupling manufacturer. b) Requirement: Provide with all flexible pipe couplings. c) Material: AISI 316 stainless steel. • Supports and Anchors: Supports and anchors for exposed piping refer to Specification Section 15060. Submit shop drawings to Engineer for approval. August, 2005 9 Chemical Facilities Upgrades South County WRF SECTION 06500 FIBERGLASS PRODUCTS PART1 GENERAL 1.1 REFERENCES 16C10 , A. The following is a list of standards which may be referenced in this Section: 1. American Society for Testing and Materials (ASTM): a. C 177, Standard Test Method for Steady -State Heat Flux Measurements and Thermal Transmission Properties by Means of the Guarded Hot -Plate Apparatus. b. D570, Standard Test Method for Water Absorption of Plastics. C. D635, Standard Test Method for Rate of Burning and/or Extent and Time of Burning Plastics in a Horizontal Position. d. D638, Standard Test Method for Tensile Properties of Plastics. e. D695, Standard Test Method for Compressive Properties of Rigid Plastics. f. D696, Standard Test Method for Coefficient of Linear Thermal Expansion of Plastics Between -30 Degrees C and 30 Degrees C. g. D790, Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. h. D792, Standard Test Methods for Density and Specific Gravity (Relative Density) by Plastics Displacement. i. D2344, Standard Test Method for Apparent Interlaminar Shear Strength of Parallel Fiber Composites by Short-Beam Method. j. D2583, Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor. k. E84, Standard Test Method for Surface Burning Characteristics of Building Materials. 2. Building Officials and Code Administrators International (BOCA): National Building Code (NBC). 3. International Conference of Building Officials (ICBO): Uniform Building Code (UBC). 4. Occupational Safety and Health Act (OSHA): 29 CFR 19. 10, Code of Federal Regulations. 5. Southern Building Code Congress International (SBCCI): Standard Building Code (SBC). 6. Underwriters' Laboratories, Inc. (UL): 94, UL Standard for Safety Test for Flammability of Plastic Materials for Parts in Devices and Appliances. August, 2005 06500 -1 Fiberglass Products Chemical Facilities - South County AW 16C10 1.2 DESIGN REQUIREMENTS "' A. This Section contains components and connectors that require CONTRACTOR design. 1.3 SUBMITTALS A. Shop Drawings: 1. Product Data: Catalog information and catalog cuts showing materials, design tasks, and showing load, span, and deflection; include manufacturer's specifications. 2. Grating: Show dimensions, weight, size, and location of connections to adjacent grating, supports, and other Work. 3. Grating Supports: Show dimensions, weight, size, location, and anchorage to supporting structure. 4. Stairs, Platforms, Stringers, Handrails, Ladders, and Support Structures: a. Show dimensions, weight, size, and location of connections to adjacent supports and other Work. b. Structural calculations for platforms, ladders and cages, handrails, and other fabrications shown. B. Samples: Each type of grating, handrail, and handrail connection. C. Quality Control Submittals: 1. Handling and storage requirements. 2. Manufacturer's installation instructions. 3. Factory test reports for physical properties of product. a. Test data for handrails and supports may supplement load calculations providing data covers the complete system, including anchorage. b. Test data for all components showing load and deflection due to load, in enough detail to prove handrail is strong enough and satisfies national, state, local standards, regulations, code requirements, and OSHA 29 CFR 19. 10, using design loads specified. C. Include Test Data for the Following: 1) Railing and post connections. 2) Railing wall connections. 3) Post and base connections. 4) Railing expansion joint connections. 4. Manufacturer's Certification of Compliance for specified products. 5. Fabricator's qualification experience. 6. Manufacturer's qualification experience. August, 2005 06500 -2 Fiberglass Products Chemical Facilities - South County WRF 1.4 1.5 6 7. Independent laboratory test report, dated within 2 years of submkUl date, of fire retardant testing conducted on exact type of grating proposed (not a resin test report). QUALIFICATIONS A. Designer: Calculations required for CONTRACTOR design shall be stamped by a registered engineer, licensed in state where Project will be constructed. B. Fabricator: Minimum of 5 years experience. C. Manufacturer: Minimum of 5 years experience in manufacturing of products meeting these specifications. DELIVERY, STORAGE, AND HANDLING A. Preparation for Shipment: I . Insofar as is practical, factory assemble items provided hereunder. 2. Ladders shall be shipped fully shop- fabricated and assembled. 3. Package and clearly tag parts and assemblies that are of necessity shipped unassembled in a manner that will protect materials from damage, and facilitate identification and final assembly in field. B. Storage and Handling: In accordance with manufacturer's recommendations and in such a manner as to prevent damage of any kind, including overexposure to sunlight. PART 2 PRODUCTS 2.1 GENERAL C10 A. Like Items of Materials: Where possible, provide end products of one manufacturer in order to achieve standardization for appearance, maintenance, and replacement. IC C. D. E. F. August, 2005 Unless otherwise specified, all products shall be manufactured by a pultruded process using vinyl ester resin. Products shall be manufactured with ultra- violet (UV) inhibitor additives. Exterior surfaces shall have a synthetic surface veil covering. Furnish molded products as an option where permitted by specifications. Fire Retardance: Flame spread shall be less than 25 as measured by ASTM E84. 06500 -3 Fiberglass Products Chemical Facilities - South County WRF 6c1 o. 2. Include combinations of aluminum trihydrate, halogen, and antimony trioxide, where required to meet fire retardance, in the resin system. - 3. Meet self - extinguishing requirements of ASTM D635. G. Color pigment shall be dispersed in resin system. H. Fabricate FRP products exposed to outdoor conditions with an additional 1 mil thick UV coating to shield product from UV light. I. All cut ends, holes, and abrasions of FRP shapes shall be sealed with resin to prevent intrusion of moisture. 2.2 GRATING AND STAIR TREADS A. General: 1. 100 psf minimum, unless otherwise shown. 2. Maximum Deflection: 1/4-inch, unless otherwise shown. 3. Stair Tread: 100 psf uniform load or concentrated load of 300 pounds on area of 4 square inches located in center of tread, whichever produces greater stress. B. Molded Type: I . Nonskid grit affixed to top of bar surface or a concave, meniscus top to all bars, providing skid resistance. 2. Load bars in both directions with equal stiffness. 3. Square mesh, 1 -1/2 inch maximum spacing. C. Pultruded Type: 1. Main bars joined by cross bars secured in holes drilled in main bars. 2. Cross bars, with 6 -inch maximum spacing, shall mechanically lock main bars in position such that they prevent movement. 3. Intersections: Bond using adhesive as corrosive - resistant as pultrusion resin. 4. Main Bar Ends: Minimum bearing support width of 1-1/2 inches. 5. Skid - Resistant Surface: Grit adhesively bonded, manufacturer's standard. 6. Provide extra stiffness around openings. D. Hold -Down Clamps: Type 316 stainless steel. E. Bolts and Connectors: I . Corrosion - resistant FRP or Type 316 stainless steel. 2. Size and strength to meet UBC requirements. August, 2005 065004 Fiberglass Products Chemical Facilities - South County WRF 2.3 16C10 F. Fabrications: 1. Field measure areas to receive grating. Verify dimensions of new fabricated supports, and fabricate to dimension required for specified clearances. 2. Section Length: Sufficient to prevent its falling through clear opening when oriented in span direction when one end is touching either concrete or vertical leg of grating support. G. Manufacturers: 1. Fibergrate Composite Structures, Inc., Addison, TX. 2. IKGBorden, Clark, NJ. 3. Strongwell Corp., Bristol Division, Bristol, VA or Chatfield Division, Chatfield, MN. 4. International Grating, Inc., Houston, TX. STRUCTURAL PLATFORMS A Fill C. D. E. F. Deflection and Safety Factors: I . Deflection Criteria: Not to exceed L/360. 2. Safety Factors: Minimum ratios of ultimate stress to allowable static service stress: a. Flexural Members: 2.5. b. Compression Members: 3.0. C. Shear: 3.0. d. Connections: 4.0. 3. Minimum design safety factors for dynamic or impact loads shall be twice the values for static service loads. Loads: 1. 100 psf uniform live load over platform. 2. Static and dynamic loads for equipment shown. Glass fiber reinforced polyester or vinyl ester resin matrix, approximately 50 percent resin -to -glass ratio. Continuous glass strand rovings shall be used internally for longitudinal strength. Continuous strand glass mats shall be used internally for transverse strength. Material Properties: August, 2005 06500 -5 Fiberglass Products Chemical Facilities - South County WRF 16C10 Minimum Ultimate Coupon Pro erties Material Properties Test Method Units Pultruded Fiber lass Structural Sha es Ultimate tensile stress in ASTM D638 30,000 (207) longitudinal direction, psi MPa Ultimate compressive stress in ASTM D695 30,000 (207) longitudinal direction, psi MPa Ultimate flexural stress in ASTM D790 30,000 (207) longitudinal direction, psi (MPa Ultimate short beam shear in ASTM D2344 4,500 (31) longitudinal direction, psi (MPa Ultimate tensile stress in ASTM D638 7,000 (48) transverse direction, si MPa Ultimate compressive stress in ASTM D695 15,000 (103) transverse direction, psi MPa Ultimate flexural stress in ASTM D790 10,000 (69) transverse direction, psi (MPa Density (lb/in.') (kg/mm3) ASTM D792 0.060 -0.070 0.00166 -00194 Water absorption (25 -hr ASTM D570 0.60 max, immersion ) % by weight Barcol hardness ASTM D2583 45 Coefficient of thermal ASTM D696 expansion 10 "6 in./in`/degrees C Expansion, LW 10-6 4.4 in./in./degrees F Thermal conductivity, ASTM C177 Btu- in. /ft2/hr /de ees F Flame- Retardant Properties Flammability test ASTM D635 Self-extinguishing Surface burning characteristics ASTM E84 25 maximum August, 2005 06500 -6 Fiberglass Products Chemical Facilities - South County WRF 16C10 Minimum Ultimate Coupon Pro erties U Material Properties Test Method Units Flammability class UL 94 VO Temperature index UL 94 130 C G. Manufacturers and Designers: 1. Strongwell Corp., Bristol, VA. 2. Fibergrate Composite Structures, Inc., Addison, TX. PART 3 EXECUTION 3.1 GENERAL A. Install in accordance with manufacturer's written instructions. B. Install plumb or level, rigid and neat, as applicable. C. Furnish fasteners and anchorages for complete installation. D. Seal field cut holes, edges, and abrasions with catalyzed resin compatible with original resin. 3.2 GRATING A. Anchor grating securely to supports to prevent displacement. B. Install each grating section such that it is easily removable. C. Clearance (Grating to Vertical Surfaces): '/4 inch (plus or minus 1/8 -inch tolerance). 3.3 STRUCTURAL SHAPES A. Connect parts with approved connectors meeting manufacturer's design requirements and with corrosion resistance equal to structural shapes. B. Provide supports and bracings required to comply with applicable codes and design requirements. END OF SECTION August, 2005 06500 -7 Fiberglass Products Chemical Facilities - South County WU SECTION 09820 CEMENTITIOUS COATINGS PART 1 - GENERAL 1.01 REFERENCES 16C10 A. The following is a list of standards which may be referenced in this Section: 1. American Society for Testing and Materials (ASTM): a. C67, Standard Test Methods of Sampling and Testing Brick and Structural Clay Tile. b. C 109, Standard Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2 -inch or 50 -mm Cube Specimens). c. C 190, Tensile Strength of Hydraulic Cement Mortars, Test Method for. d. C348, Standard Test Method for Flexural Strength of Hydraulic Cement Mortars. e. C666, Standard Test Method for Resistance of Concrete to Rapid Freezing and Thawing. 1.02 SUBMITTALS A. Shop Drawings: Manufacturer's product descriptions and specifications. B. Samples: Three 12 -inch by 12 -inch Samples of finish surface, color, and texture to be provided. C. Quality Control Submittals: 1. Manufacturer's application instructions 2. Applicator Qualifications: Manufacturer's letter of qualification. 3. Manufacturer's Certificate of Compliance or independent test lab data. 4. Manufacturer's Certificate of Proper Installation. 1.03 QUALITY ASSURANCE A. Applicator Qualifications: 1. Minimum of 5 years' local experience. August, 2005 09820 -1 Cementitious Coatings Chemical Facilities - South County WRF 16C10 2. Approval by system manufacturer. 1.04 DELIVERY, STORAGE AND HANDLING A. Store materials in area where temperatures are not less than 40 degrees F or over 85 degrees F, unless otherwise authorized by manufacturer. 1.05 ENVIRONMENTAL REQUIREMENTS A. Approvals: Obtain Engineer's and manufacturer's representative's approval of substrate and environmental conditions prior to starting Work. B. Temperature: Do not proceed with application of materials when ambient or substrate temperature is less than 40 degrees F or expected to fall below that within 24 hours. During cold weather maintain minimum temperature of between 40 degrees F and 50 degrees F throughout curing period. C. Conditions: Do not apply in rainy conditions or within 3 days after surfaces become wet from rainfall. Protect surfaces to prevent rapid drying in high wind or hot sun. PART 2 — PRODUCTS 2.01 CONCRETE FINISH COATING A. Description: Heavy, cement base, waterproof, and decorative coating. B. Performance Requirements After Curing for 28 Days: Compressive Strength 6,000 psi (28 Days) ASTM C 109 Tensile Strength 425 psi (28 Days) ASTM C 190 Flexural Strength 1,000 psi (28 Days) ASTM C348 Absorption 3.6 percent ASTM C -67 Wind -Driven Rain No penetration after 8 hours at 98 mph 5,000 -hour Weatherometer No visible defects August, 2005 09820 -2 Cementitious Coatings Chemical Facilities - South County WRF 16C10 _.._ C. Materials: 1. Bonding Agent: Acrylic polymer resin. 2. Cementitious Coating: Heavy bodied, cement base, finely graded and sized aggregate type, heavy -duty, waterproof, and decorative coating formulated for brush or trowel application. 3. Water: CIean and potable. 4. Manufacturers and Products: a. Thoro System Products; Thoroseal b. Tamms Industries Co.; Tamoseal. 2.02 CEMENTITIOUS COATING A. Description: Heavy, cement base, waterproof, texture coating, for concrete and masonry surfaces, that hides concrete defects and masonry joints. B. Performance Requirements After Curing for 28 Days: Compressive Strength 4,000 psi ASTM C 109 Tensile Strength 310 psi ASTM C109 Flexural Strength 850 psi ASTM C348 Absorption 5 percent maximum ASTM C67,24-hour submersion Freeze /Thaw Or DF >95 percent after 300 cycles 0.60 percent weight loss ASTM C666, Procedure B ASTM C67 loss at 50 cycles 5,000 -hour Weatherometer No Visible defects C. Materials: 1. Bonding Agent: Acrylic Polymer resin. 2. Cementitious Leveling and Texture Coats: Heavy, cement base, aggregate type, graded, textured waterproof and decorative coating formulated for plaster spray gun or trowel application. August, 2005 09820 -3 Cementitious Coatings Chemical Facilities - South County WRF 16C10 3. Water: Clean and potable. 4. Manufacturers and Products: a. Thoro System Products; Thoroseal Plaster Mix. b. Tamms Industries Co.; Concrete Finisher. 2.03 MIXES A. Follow manufacturer's instructions. B. Thoroughly mix cementitious materials to a uniform plastic and workable consistency and color using the proper amount of bonding agent and water. Avoid overwet or soupy mix. PART 3- EXECUTION 3.1 PREPARATION A. Protection: Protect plants and vegetation that might be affected by fumes or alkalinity of the materials. B. Surface Preparation: 1. Ensure surfaces to be coated are sound, clean and free of efflorescence, form release agents, curing compounds, oils dust, chalking, paint, or other imperfections that will cause loss of bond. 2. Clean and prepare new and existing surfaces in accordance with written instructions of material manufacturer. 3. Remove loose material. 4. Patch holes deeper than '/2 -inch. 5. Cut out deep and deteriorated areas 2 inches or greater in area or depth, making a square or dove cut. 6. Vacuum, sweep, or blow out areas to be patched. 7. Dampen surface and patch as recommended by manufacturer. 3.2 APPLICATION A. Special Techniques: August, 2005 09820 -4 Cementitious Coatings Chemical Facilities - South County WRF 16C10 Im 1. Do not apply materials in direct heat of sun. If extreme heat is encountered, cool surface with water prior to application. 2. Use only manufacture's recommended application tools. B. Concrete Finish Coating: 1. Follow manufacturer's instructions for surface preparation and application. 2. Brush apply first coat at a rate of 2 pounds per square yard. 3. Allow initial coat to set, then apply second coat at same rate. 4. After second coat has taken initial set, float to a uniform sand texture using a sponge float. C. Cementitious Coating: 1. Leveling or Key Coat: Follow manufacturer's instruction for surface preparation, and application of minimum 1/8 -inch thick coating. 2. Apply a brush coat of cementitious coating as directed by manufacturer. 3. Apply light trowel coating as directed by manufacturer. Use steel trowel and firmly press material into all voids. Level coat for application of finish coat. Mix consistently and rate of application and amount of acrylic bonding agent shall be as directed by manufacturer for the specific job conditions and requirements. Allow to cure for 7 days. 4. Evenly distribute spray applied coating. Keep spray gun a uniform distance form surface. Move nozzle with steady, even strokes. Do not angle nozzle. Float or brush out to fill holes, pores, and imperfections. 5. Finish Coat: After key coat has cured, apply a second trowel coat application mixed with at least 1 part acrylic bonding admixture to 3 parts clean water. Float with sponge float when surface is set so that it will not roll or lift. Do not use water. Mix consistency and rate of application shall be as directed by manufacturer for specific job conditions and requirements. 6. Spay on one or more evenly distributed light coats after key coat has set and air and water bubbles have broken to achieve uniform finish. Over concrete masonry units, hide joints. 7. Finish Texture: Finished Surface: Match existing. END OF SECTION 09820 -5 Cementitious Coatings Chemical Facilities - South County WRF 16C10 ATTACHMENTS CONTRACT DOCUMENTS CHEMICAL STORAGE AND FEED FACILITY UPGRADES SOUTH COUNTY WATER RECLAMATION FACILITY 1. Photograph No. I and No. 2 — Typical Stainless Steel and PVC support for Chemical Fill Connections. 2. Photograph No. 3 — Typical Grating Installation Sample. 3. Photograph No. 4 — Tank Drain and Over Flow Piping 4. Photograph No. 5 — SureSite Level Indicator Sample. 5. Detail No. 1- Typical Level Indicator Detail 6. Photograph No. 6 — Chemical Discharge Piping Color Code Sample. 7. Poly Processing 5050 Gallon Upright Tank 8. Drawing No. 1 — SCWRF Site Plan 9. Drawing No. 2 — Location and Detail Fiberglass Grating 10. Drawing No. 3 — North Aeration Basin Odor Control Facility Roof Structure 11. Drawing No. 4 — Piping at Alum Facility August, 2005 Chemical Facilities Upgrades South County WW PHOTOGRAPH No. 1 PHOTOGRAPH No. 2 950 Ens way SOUTH COUNTY WATER RECLAMATION FACILITY 2004.032 Naples, FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES Phone: (941) 254 -2000 05/05 wo Florida Certificate of TYPICAL STAINLESS AND PVC EIiIElFAS•PINK15- 21111[m Authorizalion No.1772 PHOTOS SUPPORT FOR FlLL CONNECTION No.1 do 2 1 f rf r �s rrrrr •r��CT� . +�. 5.1JIClIIrlrrrArr j are __�__ =wAr C � rf r �s rrrrr •r��CT� . +�. 5.1JIClIIrlrrrArr j are __�__ =wAr SL U Ulv (2) 4 •• 90' BEND/ j PVC SOLVENT WELD ,ter CHANGE TO A FLANGE VALVE AND ADD A BL IND FLANGE AT THE OUTLET ADD A PERMANENT 4 " PVC CHEMICAL RESISTANT OVERFLOW PIPE t "DRAIN" LABEL ON THE TANK PROVIDE 316 Y STAINLESS STEEL SUPPORTS AT E -4 FLOOR FOR PIPES PHOTOGRAPH No. 4 950 Encore Way SOUTH COUNTY WATER RECLAMATION FACILITY 2004.032 Naples, FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES Phone: (941) 254 -2000 05/05 HOLE M ON TES Florida Certificate of TANK DRAIN AND OVERFLOW PIPING PHOTO DIGRm-i1m im- S1IRMEYORS Authorization No.1772 No.4 PHOTOGRAPH No. 5 950 Encore Way Naples, FL 34110 Phone: (941) 2542000 mo Florida Certificate of E11vEQS•IU}IEIIS•SUNEM Authorization No.1772 SOUTH COUNTY WATER RECLAMATION FACILITY CHEMICAL STORAGE AND FEED FACILITY UPGRADES SURESITE LEVEL INDICATOR 2004.032 05/05 PHOTO No. 5 BALL VALVE /FLG - FLEX. EX. JT./FLG- SEE SPECIFICATION 0 NO BALL VALVES TO BE CPVC w/ TEFLON SEATS AND WTON SEALS, RATED FOR 150 PSI BALL VALVE /FLG FLANGE NOZZLE - w/ GUSSET wrI A FLANGE NOZZLE w/ GUSSET CPVC OR PVC /FLG SEE SPECIFICATION SURESITE VISUAL INDICATOR. AS MANUFACTURED BY GEMS SENSORS, INC. 2" SCHEDULE 80 PVC PIPE. SEE PHOTO No. 5 CPVC OR PVC /FLG SEE SPECIFICATION BALL VALVE /FLG BLIND FLANGE S. S. PIPE SUPPORT TYPICAL LEVEL INDICATOR DETAIL N.T.S. 950 Encore way Naples, FL. 34110 Phone: (239) 254 -2000 *HO A O TES Florida Certificate of UUMA ES-S trEM Auamrizatlon No. 1772 SOUTH COUNTY WATER RECLAMATION FACU Y CHOW& STORAGE AND Fop FACMI Y UPGRADES PrAw w 2004.032 am: 05/05 TYPICAL. LEVEL INDICATOR DETAIL BLEACH STORAGE TANKS DETAIL 1 BALL VALVE /FLG - FLEX. EX. JT./FL.G- SEE SPECIFICATION - ME NO I BALL VALVES TO BE CPVC w/ TEFLON SLATS AND VITON SEALS, RATED FOR 150 PSI BALL VALVE /FLG FLANGE NOZZLE - w/ GUSSET 16C10 FLANGE NOZZLE w/ GUSSET CPVC OR PVC /FLG SEE SPECIFICATION SURESITE VISUAL INDICATOR. AS MANUFACTURED BY GEMS SENSORS, INC. 2" SCHEDULE 80 PVC PIPE. SEE PHOTO No. 5 CPVC OR PVC /FLG SEE SPECIFICATION BALL VALVE /FLG / � —BLIND FLANGE - S S. PIPE SUPPORT TYPICAL LEVEL INDICATOR DETAIL N.T.S. 950 Encore Way SST}{ COUNTY WAM RECLAMATION FACKJ Y Naples. FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES Phone: (239)254 -2000 H LE M ON T S Florida CeMficate of 7YFIC& LEVEL INDICATOR DUAL E1O.iA5 •RAi1 M •AANEf01S AuthorizeGon No.1772 BLE'jft H STORAGE TANKS 2004.032 h, 05/00 DETAIL 1 Aft PHOTOGRAPH No. 6 950 Encore Way SOUTH COUNTY WATER RECLAMATION FACILITY 2004.032 Naples, FL. 34110 CHEMICAL STORAGE AND FEED FACILITY UPGRADES Phone: (941) 254 -2000 05/05 HOLE M O N TE S Florida Certificate of E11G11EER - AiilW-SIRI9EYORS Authorization No.1T72 CHEMICAL DISCHARGE PIPING COLOR CODE PHOTO No. 6 W W U Z a ,c a 'D ,� ZD H= N o.aA¢ Y;PO a J U a A to > V Y '� W le Z C O O X00 p U H Q' p in a t� h o o O+ ^ \ o pppCCC (LJ s: ie > > > > 2 IW- N 0 N \� Y $V v a 'vv`11 \d a oJa Q " vl EL z \ Z i° >Z•' 3 i W \ i y H U J i >� Q pCO (n .Z-. �- S S S Q A S IA O 000 M va :g O\ o AUL\j� A ~AUH U�AU .�- .AUAUf�FIw.A0 U 0. F- Y wJN YA 0. 0. 0. L.m L.0. �0. 6w%o ,z., NNJPOw IpgS Q d �aa0. \0.0. a \0. W0. \0- �Y� \MNZ O '¢ XWQ"S"'J r ~ �S L� \o \w \qaF\ �F \�r\z6 r\ >. -COCA _.. zUxx <` >�o JI RR 0 O! 1,y 0.'W Ot 0. 0.. 0.•Q W N� F- N FU W 'V' Z H H 14 rr 0 L �y yWd WYyW �Nw yW00.rNF'AJN \�GIJ to \..I -(M WJr 17I -- all CFA 1.7h 1.1 ♦- 1.7 F-WApl7JJ US �� LC-3 HZ wn~r G \0. J \\0.J a'q \0. ' \a \aDC 0.\ O t..XXaK • U tn� QNa Q J Q >QU >Q 3`=\r -w3 L-� i� 1- o -, 1 >A AX: >A SA A A A Z W �� QO? ZO,pH -J Q Q A/"' _ -C4C4< Q> Qw Q >W\ Sy0.w w-4- F W�U Y4 y 2 In F W 0. F- F 0. H d F ~ SJHQQ S wa0>.N -.XwX p ... L) \w }NW \ \WJ WW \WZ \W \WWSW \Z Y CTS Z A L,j °a Z (/�� (U NLO OC\ N 0l.7¢ \L7 0t7 V117J00 U N A-J4 to a N%D I-Z~ HF�1- ZNFZ�FZ =�FZt"FZQQNI -�QAO WWtn JaZ W`fl pJgW tail 0 W OJQ NOWOJWViJWOJ.4. OJI. OJ1l- A�X�0.w Q ~le L) MInUQ wy J W �r pa\O t7�wt- p\a\�l\7 \ ~A\ \\ m\ \r ML, \.J.�• Odd QQQW °O \\\> Qq 'J O�_V c) Z 3 >� »i3c�a3Z 7» >33�3 >a a>7 �3f >Mh-SA t-SI- (nMI- vl3 >3tn Mm l¢7 !e JCS w UO �% v. O U N N N N N N I I I yaq O 0. 0.� OD OD = >a O 2 YJ T M O ca i S J N'D In0.%0 MH7 m�0 M4.0 m0 mwg � O � NOU OD In o°N %DOD �0N 0oN �0N �D In 0` 0� YY A c OM NN%D O1\ Ow O00 Ow OP.n NM mM%O NN N%D (UN�D NOD NIAIn � In Q6 Q� m SS _ 11 Jj S W OD o J Q U A W L. 1.1 Z J z 0.' QPCV � j M Sy ,� U �WW SC3 wz >Q F -J Lr) aO� Qrn >N L) W W zF~ J W N U = o N U > J� IpN M M ICU aQ '38nsS38d SOWIV /3.001 a l.1tlW OdS 61 2ID3 Q3NOISM ANVI I, 'SONI11I3 ONIOVld N3HM QIOAV 'ldO 0086 01 do .Si XOdddH 8 SS3 >18VW 39VNOlItlO NI (13Q10W MIA .S T '3E)vsn 9 3dni3V -inNVW ONIana 1N31tlA3dd SNOI LIQN03 4 SQ10W 31dIrim NI SNBIIV18VA 01 3na %C:F A JVA IIIM SNOISN3WIQ 'Z 'QNVH AS 3SIA321 lON OO 'OAQ 01Vd 13NM 831ndWO3 d SI SIHl I S31ON 6 ire � .�� _ a�1�` ►'• _ } + l Q a z o pct �N c m 3 Y A W Qw> N > ¢ O \ Zo~ f ° I yQ W 11 uo Q3 a 0 El �W N J .. Q U N Ot;191 ,Z /1 4 -•91 ASIA NVld 33S NOIltl1N3I80 3nsl 2103 I -- /113IA 01N] UNION S318OSS333V I S3IZZON - -AINO SNOIIVA313 Hl'ON31 113HS ,S -.41 ,9 16C10 EXHIBIT K PERMITS GC-CA-K-1 EXHIBIT L STANDARD DETAILS GC- CA -L -1 16C10 16C10„ EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 +��,I �; �J\� `o �� '� 111 1111��1 +1 +' ()20 N , II I 1 1 Ilk \� �� 1 �I�'� ICI ��I�IIi �� ``t�`., � - �, � `��, ,�,� , /�/ 11 1 � _ __- 11 11 I �I � �{ III �Iv,I �, I \� ") � � ,-- --�- -_ _.� .� � � 1 ` 1 ` 1 ' � 1 X X v it , , , ; ( I I, , , � ! iii % 11 � ' '',''� i + � _ __ ,1 ',,1 �` 1` 1 11 ((� � / � ,- � ,11111' 11'il1 111', 1 _ Iv g t�� (I + / / / /i- �% �11'1�``I 1,111 +1 111 '! + ' `I 1 11 50 A > no 17- 10 < Ill II' II �%� N I J III I I I I Ai 11 / / rri IMP gzg'ro m V) ICI LO 0 C Z > rn m Z 0 0 > �Z ;IIII ',y � / I; _ _ ', "/ _ ' III (v� �, I, -�' � 7i i - apZ;o 0 0 0 > LrI 0 . g -.0. o Ln (, 1--lllllllll1b 01% C"43 �3 s NOW 5 D o T� �m z(� N T o '�,t N� N S. O K 8i N I I I I F7 I I I— I I II I I � I I —_ _ II - ��\ I I Iwo Ad, a DATE SM60- 01/06/06 Kff SW4M CAD ROUNDCE: fbw k.. -ddm Law" ~� �n Z�ZoO r O D� 141T \C) 07--1 OZ l� / Q) O -,� Z n1 r-ri m 2 c?y ~2 �O to D � r= D Z aw a� o� aA oR a � m m a --z— PMM 7 �f �M M v. m 3 4 9. O � J rn Cn -0. W N Z O �7 D � � D � "0 — -I r- M r r r o O O O MC) DODD5r- -0 ;U r*t m m m n r- D z D n m= Z Z m I Oor-XN z C a7rmDC�� O p D f(A (A r- r O Do DD?ri C n o O O- ZjC:W2ZCnL _, Zmx O DD < r m 3OOZC O Z m OZ m Zzo nom p O I r- O Z � O Z m m -r, rn �� n OD--4 D o o � (n 0 m m D m -TI m O o cn Lo C rr*1 D(mJ M c 0 C�= (n CO r_ � u CO Z o n O rD Z OZ V ::E Z Mm �m r fl ;10 Z m C X fTl O D �' r r < O (A mo m_ 0 0 4 z� ;u D Z C (n n Z m. m m O O Ti X C n C m a1< UAW4 Ot/ae/as Km SCAM am FAFEPOIM N- .o«-a. aaAAv. r 0 0 Q) ' I v V C,4 00 _ O `C)o X r no -� Z �D mZ m ? o rn RIi i v r g 70 m 0 o °p a o N 7 f CD CD � I Cp op �i O ;o O CE D V Z CC M� O Q o Oo O ` •� 0 Z O Q-14 Do ` z o �= o 1 M X r no -� Z �D mZ m ? o rn RIi i v r g 70 m 0 o °p a o N 7 f CD CD O� O O C r � r r�- O r O Z O D z r� z m �u < o m n � m D D m 70 n O Z z m n 0 z GATE STAMP. 01 /05/05 PLOT SCALE CM RDIYIENCG RP04 -MAN -PAC &C-W.R.F. IMMA ON c-:) 1.- . C) 16C10 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1 w r. U m Q i� E O w O V d N O W � d O J _O 1-4 m fY N _ H W Q IV ' r O Q U U W" 0 E- - w i� N 0 � �o — m 0 m •c O;n. c s w m 3 as i O IL — o m 'm a V N L H 2 Q O '> d CL d � v .a > E c 0 — Z as .Q 3 W C 0 EL 0 �v 0 r O Q U U W" ORIGINAL DOCUMENTS CHECKLIST & ROUTIVYJLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE THE BOARD OF COUNTY COMNIISSIONERS OFFICE FOR 3 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed documents are to be forwarded to the Board Office only after the Board has taken action on the item.) P routing slip and original ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 throw #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) office Initials Date (list in mudn order) 1. 0 3. 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact HA N 5 2 tJ 5 s� L Z 73� -o?� a 3 Agenda Date Item was Agenda Item Number Approved b the BCC /U �K'I%3E2 / 5 o?00 Sr / � G Type of Document SEr7'�iivT A6�F�itifrr,Y y ,c��lE/J5� Number of Original Attached 9� cq o ,.t Documents Attached % W TNC'TT?TT!"rTnMC Q. nor. nrrr rc�nn I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) A licable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board Nli� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. `;Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnatu re and initials are required. 5. In most cases (some contracts are an exception), the original document 4nd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive Ind require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on O (enter date) and all changes made during the meeting have been incorpora d in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C13 MEMORANDUM Date: November 17, 2005 To: Hans Russell Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Release among Collier County, the Collier County Water -Sewer District (CCWSD) and two landowners: Citygate Development, LLC, and CG II, LLC, in the total amount of $500,000 Attached, please find one original document as referenced above (Agenda Item #16C13) which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. The Minutes and Records Deparment has retained the second original, which will be kept for the public record. If you have any questions, please call me at 774 -8406. Thank you. 16C13 -1 to Exhibits: A: Global Diagram B. Table of Conveyances C. Roadway Design within Road Access Easement D. Vested Rights Determination E. Utility Casing Locations F. Blasting plan SETTLEMENT AGREEMENT AND RELEASE This Agreement is entered into on November 15, 2005. This Agreement, rt cove as set forth herein, is among Citygate Development LLC, and CG II, LLC collectively, "City Gate "), and Collier County, a political subdivision of the State of t' i i ,rida, and the Collier County Water -Sewer District, (collectively, the "County "). Gate and the County are "the Parties hereto" or "the Parties ". This Agreement consists of twelve pages and six Exhibits, identified as A ICOUgh F. WHEREAS, City Gate is the owner of the real property identified as Citygate the attached Exhibit A, and the County is the owner of the real property :1- Itified on Exhibit A as the South County Regional Water Treatment Plant WTP" ); and WHEREAS, the County has certain water utility facilities on the Citygate .�erty some of said facilities being located within County easements and some "hies being located outside County easements, as shown on Exhibit A; and WHEREAS, the County, through its agents or contractors, in the course of eructing the raw water transmission main for the 2001 wellfield expansion of ^� 'RWTP or in the course of constructing or expanding the SCRWTP, has taken I ?'iL[.`.If {� "T \GIZEE \IE \T; \; \'t)RELF: \tiE Il- ul; -U; 16C13 certain actions (the "County Actions ") as follows: (i) located the raw water transmission main, the associated power distribution system or its related equipment outside the 20 foot wide Easement C (as recorded in Official Records Book 2861, Page 1057 of the Public Records of Collier County, Florida; hereinafter "Easement C ") on Citygate property, (ii) in the course of constructing said transmission main cleared existing native vegetation some of which included endangered species habitat and may constitute a violation of the Endangered Species Act outside of Easement C on Citygate property (the "Overclearing "), (iii) failed to compensate Citygate for the clearing of native vegetation within Easement C in violation of paragraph 11 of the Property Exchange and Design /Construction Agreement dated July 28, 2000 (the "July, 2000 Agreement ") requiring the County to reimburse City Gate for the cost of clearing required landscaping, and, (iv) located certain wells along the transmission main outside the easements granted to the County for such purpose and on Citygate property; and WHEREAS, the County has taken certain other actions in conjunction with the development of the SCRWTP that are inconsistent with the Final Judgment in Case No. 81- 0479 -CA -01 -CTC (the "Final Judgment Claims ") as follows: a. In Case Number 81- 0749 -CA -01 -CTC, (the "1981 Condemnation Case':) the County acquired by eminent domain a road called Utilities Drive and the site for the SCRWTP from the Barnett Bank Trust Company, Trustee (the "Predecessor Trustee ") for the Land Trust, which Land Trust is also City Gate's predecessor in title to the Citygate Property; b. In April 1983, a Stipulated Final Judgment and Order Taxing Fees and Partial Costs (the "Stipulated Final Judgment ") was entered by the Court, which Stipulated Final Judgment is recorded in Official Records Book 1022, Page 1257 et seq. of the Public Records of Collier County, Florida; 14, ^�3 The Stipulated Final Judgment is an enforceable written agreement between the parties thereto and is enforceable by the parties as well as respective successors; To mitigate damages to the remainder of City Gate's property, the County agreed, and the Stipulated Final Judgment ordered, that the County provide a landscaped aesthetic buffer zone on the site per Land Plan dated July. 1982 (the "July, 1982 Land Plan ") which was incorporated in the Stipulated Final Judgment; The County or its agent has cleared of vegetation the landscaped aesthetic buffer zone required by the July 1982 Land Plan, has constructed a water treatment plant and related plant facilities therein and the cost of relocation of said facilities is prohibitive, effectively negating the landscaped aesthetic buffer requirement of the Stipulated Final Judgment and causing damage to the remainder of City Gate's property; To mitigate damages to the remainder of City Gate property, the County agreed, and the Stipulated Final Judgment ordered, that the County grant the Predecessor Trustee, its successors and assigns, a perpetual easement of 135 feet width, for road right of way access (the "Road Access Easement ") for the remainder of the property to the east, which Access Easement was recorded on August 10, 1983 and re- recorded August 11, 1983 in Official Records Book 1036, Page 290 et seq. and Page 900 et seq, of the public records of Collier County; The County, through its agent or contractors, has constructed a deep water extraction well in the Road Access Easement (Parcel C on Page 1 of Exhibit �) and the cost of relocation of said well is prohibitive, negatively impacting the Road Access Easement; and XHERE AS, City Gate is willing to release the County from City Gate's for the County Actions and the Final Judgment Claims in accordance with _�reement. 3 16C13 NOW THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Exhibit A, consisting of three pages, is attached hereto and is incorporated herein. 2. Upon the Closing Date as defined herein, the Parties hereto will convey real property interests or take such other actions as are set forth in the Table of Conveyances attached hereto as Exhibit B and incorporated herein. With respect to items "R" and "S" on Exhibit B, City Gate will grant two (2) limited use easements, for access to perform maintenance, repairs and replacements of the wells D1 and E 1, across the lots within the proposed subdivision for access from City Gate Boulevard North to wells D1 and El as shown on Exhibit A and described as items "R" and "S" respectively on Exhibit B. Each of these easements will be granted after an SDP for a building on the respective lot for wellsite D1 and for wellsite E1 located thereon have been approved. Prior to the approval of each SDP, City Gate will grant the County a right of access across the lots to access the wells when necessary, at no additional cost to the County. 3. City Gate hereby waives all contractual claims for landscaping improvements existing under the July 2000 Agreement for landscaping improvements and hereby waives all claims in tort for damages resulting from the Overclearing. In conjunction with the acknowledgment of the vested status of the City Gate development plan, City Gate will, at its expense, construct the Type C landscaped buffer that will be required. 4. Except as authorized by this Agreement, City Gate hereby waives any claims for damages resulting from the County's placement of the deep raw water extraction well in City Gate's 135 foot wide Road Access Easement and will re- design the roadway so as to accommodate the County's well; provided, however, that if the 4 16013 «nty z•efuses to approve the design attached hereto as Exhibit C and requires a -4i --n that increases City Gate's costs for an access easement consistent with City :,Ie's intended use of its property, then the County shall promptly reimburse City -:ae for all such reasonable costs that would not have been incurred by City Gate ., for the County's failure to approve the design as specified herein. The Overclearing resulted in the destruction (take) of Red Cockaded -Y ,,odpecker ( "RCW ") habitat and may constitute a violation of the Endangered Sj)ecies Act. City Gate has in good faith amended its proposed Endangered Species ` ul . Section 10, Habitat Conservation Plan ( "HCP ") for City Gate so that the aunty's or its agents take of that habitat will be included in the Federal Incidental ilhe Permit when and if issued. It is understood that if any action should be m,krituted against City Gate because of the Overclearing, City Gate shall be free to 'W.'r-ue appropriate remedies against the County, and this agreement shall not ; ltititute a waiver of any such claims. In consideration of City Gate's inclusion of ,, Overclearing in the Incidental Take Permit, and City Gate's mitigation, at its ;cnse. for the Overclearing, upon issuance of the Incidental Take Permit, the rm; and conditions of the permit shall control, and the County shall be prohibited -.11 applying any of its regulatory burdens beyond the terms and conditions of the idental Take Permit. As an example and not in limitation of the foregoing, upon -.once of the Incidental Take Permit, the County shall not prohibit City Gate constructing a perimeter berm, including associated clearing, along the ilern and eastern boundaries of the Citygate Property, if said actions are misted by the Incidental Take Permit. The County has acknowledged that City Gate is vested to complete the t�pment in accordance with the existing PUD /DRI as set forth in the Vested -Is Determination attached as Exhibit D, which is incorporated herein. In the r that disputes arise in the future concerning the interpretation by the County staff of the applicability of the County's Growth Management Plan (the b] 16 C1 "GMP ") or land development regulations ( "LDR's ") to applications by City Gate for Development Order Approvals (as defined in paragraph 7 below), such disputes shall be resolved by interpreting the GMP or LDR's so as to give full effect to all provisions and intents of the Vested Rights Determination, which is to ensure that Citygate will be developed in accord with the DRI and that later regulations will not be applied to prevent or hamper that development. 7. The County acknowledges that the primary consideration to City Gate for settling its claims against the County for the County Actions and the Final Judgment Claims is the regulatory certainty in accordance with the spirit and intent of the Vested Rights Determination and the assurance of Prompt Review of City Gate's Development Order Applications that the County, by this agreement is providing to City Gate. As used in this Agreement, the term "Prompt Review" shall mean review by the County's regulatory staff in accordance with the County's codes, ordinances, regulations, and internal procedures, including, but not limited to, applicable time limits for review and /or comment, and the term "Development Order Applications" shall mean an application by City Gate or any person or entity that has acquired an interest in any of the property covered by the PUD /DRI on the Citygate property ( "Entitled Persons ") filed previously to or subsequent to this Agreement for a development order as defined in Section 1.08.02 of the Collier County Land Development Code. Accordingly, the County agrees that if City Gate or any Entitled Person is wrongfully or inordinately denied, delayed or otherwise denied Prompt Review by the County, or its agents or employees, in the review and processing of Development Order Applications, such actions shall, notwithstanding any other remedy provisions contained in this Agreement, constitute a breach of this Agreement, and that City Gate may bring an action against the County for damages for such delay. In conjunction with its regulatory function, the County agrees that it will act in good faith to provide the regulatory certainty in accordance with the spirit and intent of the Vested Rights Determination, this Agreement, and the assurance of Prompt Review of Development Order Applications, and will not 6 16CI3 _jnioy or engage in any artifice or device under the guise of performing its rc <ZUlatory functions that has as its purpose or effect the deprivation of regulatory ., i'minty provided by the Vested Rights Determination or the assurance of Prompt 1,�,view of Development Order Applications. The foregoing shall not be construed as limiting the legitimate regulatory activities of the County in reviewing Development Order Applications or in having adequate and reasonable time to review such :applications. �i. Sixty days after the Effective Date of this Agreement (the "Closing Date "), the i,e :il estate transfer documents required hereunder and described in Exhibit B will delivered by each of the Parties hereto, and the County will pay City Gate the unount shown as "Due to City Gate" on Exhibit B (the "Closing "). Payment shall be m US Dollars and shall be wired in accordance with wire instructions to be provided t. City Gate no later than two days before Closing. The County has requested, and .et•eby agrees to pay all costs for surveys and preparation of legal descriptions in ,-onjunction with the transfers and the County will, at its expense, prepare all :,:-truments of transfer. The County shall submit drafts of all instruments of 1': 1 nsfer to City Gate for review and approval no later than five days before Closing. Parties acknowledge and agree that the Closing refers only to the transfers of 1 property interests set forth in Exhibit B, and that all other terms, conditions, i.'d provisions of this Agreement shall continue in full force and effect after the ',ing. The County agrees and hereby authorizes the Chairman or Vice Chairman he Board of County Commissioners to execute and deliver, receive or enter into HIV instruments of conveyance, documents, certificates or proceedings incident ,:1reto necessary to carry out the conveyances and transfers contemplated by this ,cement. The County has provided City Gate with its construction plans for the YI'« "P Wellfield Expansion, on August 11, 2005, such plans being identified as .!'v4�: `Public Utilities Engineering Department Plans for the Construction of 16C13 South Collier Regional Water Treatment Plant Wellfield Expansion ", dated June 2005, prepared by Green and Hansen, LLC and consisting of 99 sheets (the "South Wellfield Plans "). Prior to the execution of this Agreement by City Gate, the County, through its Public Utilities Engineering Director, shall initial the South Wellfield Plans, as provided to City Gate on August 11, 2005, and this plan set shall constitute the South Wellfield Plans for purposes of this Agreement. The South Wellfield Plans show the proposed raw water transmission line, its associated power distribution system and related equipment being installed at a depth that will allow City Gate to install its utility lines (an 8 inch sewer forcemain and a 12" potable water main) with sufficient clearance so as not to require City Gate to incur additional installation costs at points where City Gate's (west to east) utility lines cross the County's (north to south) transmission line. If the South Wellfield Plans are changed, revised, or the transmission line is not built in accordance with these plans, and as a result thereof City Gate encounters additional installation and/or associated material costs in the construction of its utility lines, City Gate may submit written proof of the additional costs and the County shall promptly pay City Gate all such reasonable costs. In the alternative, the County may excavate and install steel casing sufficient for City Gate's 12 inch water main and 8 inch sewer forcemain at the locations where these City Gate utilities are proposed to cross the County's raw water transmission line in the easements granted as shown on Exhibit E. The Parties agree that the County has filed an action in eminent domain styled Board of County Commissioners of Collier County, Florida v. Grand Cypress Communities, et al, Collier County Circuit Court Case No. 05- 1053- CA -DRN (the "Condemnation Action "), seeking to acquire certain easements alleged in the Condemnation Action to be necessary for the SCRWTP expansion described herein. City Gate is included as a Defendant in the Condemnation Action by virtue of its ownership of Parcels 862, 962, and 963 as described in the pleadings. The Parties agree that the acquisition of Parcels 862, 962, and 963 is not included in this Agreement, and the payment to be made for these parcels shall be as determined in the Condemnation Action without regard to any monies paid hereunder or any other 8 lb�i3 Terms of this Agreement except where any action undertaken in accordance with this Paragraph mitigate any severance damages alleged by City Gate. its. In the event City Gate agrees to the construction of a wildlife crossing on CR x-)46 east of Immokalee as part of its HCP mitigation, the County will issue the necessary permits on a fast -track review basis and will waive permit review fees. The County will support and assist City Gate in obtaining consents, if any, required from adjoining landowners for the construction of the crossings and associated fencing; provided however that this commitment to support and assist shall not be construed to create and obligation or liability on the County if, in spite of the County's support and assistance, the consents are not obtained, nor shall the County be required or obligated to expend any monies rendering any such support or assistance. The properties adjacent to CR 846, east of Immokalee, are subject to :stewardship Easements (Stewardship Sending Area 3 recorded at Official Records Book 3551, Page 2284 et seq. and Stewardship Sending Area 4 recorded at Official Kecords Book 3551, Page 2345 et seq. of the Public Records of Collier County, '{ 1( ida) and the County is a Grantee of these easements. The County acknowledges hat construction of a wildlife crossing in this geographic area is consistent with the intent and purpose of the above - referenced Stewardship Easement. i . The County acknowledges that a clock tower feature in conjunction with the tv Gate development assists in implementing the concepts and objectives of the Activity Center 9 Master Plan, and agrees to process an amendment to the LDC luring one of the 2006 LDC amendment cycles that may, in the County's discretion, teiermine and provide that a clock tower may be deemed to be an appropriate u- chitectural feature within the Activity Center. The maximum height and design ._i clock tower shall be established in the SDP process, however, the maximum iht of a clock tower shall be at least the maximum height of permitted uses u.ier the applicable PUD. 16C13 12. The County will permit the use of blasting in the excavation of the lake and the development's utilities, provided that all blasting shall be done in accordance with the Blasting Plan attached hereto as Exhibit F and in accord with the Blasting Permit that must be obtained pursuant to County regulations. 13. The Parties acknowledge that the Stipulated Final Judgment in the 1981 Condemnation Case provided for the landscaped aesthetic buffer to minimize the damage to the remainder of City Gate's property. As part of the resolution of the Final Judgment Claims to be accomplished by this Agreement the Parties agree as follows: a. The County will move the existing fence along the west property line of SCRWTP ten (10) feet eastward (i.e. inside the property line) for that portion of the west property line of the SCRWTP property lying south of Utilities Drive; b. The County will move the existing fence along the west property line of SCRWTP twenty (20) feet eastward (i.e. inside the property line) for that portion of the west property line of the SCRWTP property lying north of Utilities Drive; C. The County, within ninety days of closing, at no cost to City Gate or credit to the County, shall vacate the south twenty (20) feet of its forty (40) foot wide deep injection well easement described as "Exhibit A" in the July 2000 Agreement, which Agreement and Easement are recorded at Official Records Book 2861 Page 1053 et seq., Public Records of Collier County, Florida. City Gate hereby agrees that the south twenty (20) feet of Easement A shall be used only as a landscape buffer, and the landscape buffer shall always include at least two (2) rows of well maintained trees for the purpose of providing a meaningful and functional visual buffer for perpetual aesthetic improvement to the view from the adjacent east -west street as well as from the Citygate lot and all future improvements to the lot, situate adjacent to the south side of that east -west street. m 16013 The purpose of the fence moves and easement vacation described above is so City Gate, at its expense, can build a landscape buffer in order to minimize the 1,-image to the remainder of the City Gate property. Accordingly, the County- agrees hat it shall not in the future move the fences closer to the property lines than as _)(, mitted herein, and if the County does move any such fences or portion of fence or A herwise interferes with City Gate's ability to construct or maintain a landscape :)uffer or intentionally or willfully destroys all or any part of the landscape buffer, then in addition to any other provisions in this Agreement for remedies and/or ;i, images for breaches of this Agreement, the County shall promptly restore its fence <Il!Wor portion of fences) to the location as set forth herein and shall reimburse City ;;ate for all reasonable costs and expenses in replacing damaged landscaping -n�aerial. If any part of the landscape buffer to be constructed by City Gate is on the --:) t 1RNN`TP property, the County hereby grants to City Gate a perpetual right of free -s to construct, maintain and /or replace, all or any part of, this landscape buffer. Except for claims that may be authorized by this Agreement, each of the rties hereto, on behalf of itself, its officers, directors, owners, employees, former ;�Ioy-ees, successors, predecessors, affiliates, heirs, assigns, and trustees, hereby Cully. finally and unconditionally release, acquit, remise, satisfy and forever :-urge the other Party, their predecessors, successors, heirs, assigns, employees, :-.ner employees, elected officials, officers, directors, owners, agents, :,e entatives, attorneys, insurers, sureties and affiliates from any and all manner action or actions, cause or causes of action, suits, debts, dues, sums of money, dings, accounts, covenants, charges, damages, obligations, liabilities, ri�acts, promises, judgments, executions, claims, complaints, whether legal or :able and whether known or unknown which the respective party could have i ed in connection with the County Actions or the Final Judgment Claims. The 16C13 term "successor" as used in this Agreement includes the terms "assign ", "affiliate ", "transferee ", or "heir" as the context may warrant. This paragraph shall be fully enforceable irrespective of either party having or not having any insurance whatsoever. 15. The release set forth in paragraph 14 above shall cover only claims related to the County Actions or the Final Judgment Claims. The Parties acknowledge and agree that this Agreement does not cover any other claims that may be asserted by either Party, either as authorized by this Agreement, or as a result of any other facts or circumstances other than the County Actions or the Final Judgment Claims. 16. Notwithstanding the releases contained herein, the Parties shall, in addition to any other remedy provided in this Agreement, have the following remedies for each and every breach of this Agreement: a. Either Party shall have the right, but not the obligation, to enforce this Agreement by specific performance. Each Party shall be responsible for its own attorneys' fees, costs and expenses, except to the extent, if any, that the respective party is at such time entitled to such fees, costs and expenses as a matter of law or statute. b. The Countv acknowledges and agrees that several provisions of this Agreement, including but not limited to the provisions of paragraphs 4 and 13 hereof set forth the County's obligations with respect to the Final Judgment Claims and that the County's agreement to assume such obligations is a material inducement to cause City Gate to release its rights under the Stipulated Final Judgment. Accordingly, in addition to any rights to reimbursement for increased costs to City Gate as a result of the County's failure to perform any of its obligations in this Agreement intended to settle the Final Judgment claims, City Gate shall, in the event the County shall fail to fully perform any of its obligations under this 12 16CI3 _ - reement intended to settle the Final Judgment Claims, have the right, but not the obligation, to bring an action for damages and /or for any other cause of action that may be available to City Gate, but excluding actions to enforce the Stipulated ' inal Judgment. City Gate's failure to bring such and action for any violation by he County of its obligations shall not constitute a waiver by City Gate of its right to bring any action authorized hereby for any future violations. C. City Gate acknowledges that the conveyances to be made by City Gate, at closing, under this Agreement as set forth in Exhibit B are necessary for the t)roper administration and operation of the County's utility system, and therefore, City Gate's obligation to make the conveyances pursuant to Exhibit B, upon the ,le iivery of the documents transferring those interests to City Gate as set forth in Exhibit B and tender of the payment due to City Gate, shall be unconditional, and the County shall have, in addition to action for specific performance, the right to ;ring an action for damages for any losses incurred by the County as a result of dc, iays by City Gate in making the conveyances. d. The County agrees that City Gate shall have the right to bring an is on for damages for any losses incurred by City Gate or any Entitled Person in event the County breaches its obligation of good faith and Prompt Review as set :01,[h herein. Pursuant to Subsection 125.35(2), Florida Statutes, the Board of County "ommissioners, by approval of this Agreement, finds and determines that (i) City ;,tto owns all the parcels of land that are adjacent to the parcel of land described as reel "A" on page 2 of Exhibit A, (ii) this parcel is, by itself, of insufficient size to be 'cad a building permit for any type of development on this parcel, (iii) that neither :i right -of -way or utility construction constitutes "development to be constructed that property", and (iv) that this parcel, because of its size, shape, location and �1�2. is of use only to City Gate (provided, however, that the County may reserve, 13 16C13 or City Gate shall grant, such easements across or under this parcel as are set forth in this Agreement including the Exhibits). Accordingly, the County shall convey this parcel pursuant to, and in accordance with the terms of, this Agreement. City Gate, being the only landowner adjacent to such land, hereby waives any and all "notice" with regard to the County intensions regarding same. 18. This agreement shall be governed by the laws of the State of Florida and venue for any action under this agreement shall be limited to Collier County, Florida. 19. City Gate shall execute and deliver this Agreement to the appropriate County officials so that it may be promptly placed on a County Commission Agenda for the Board of Commissioner's approval. This Agreement shall become effective (the "Effective Date ") on the date it is approved by the Board of County Commissioners, provided, however, that if this Agreement is not approved by the Board of County Commissioners and is not executed by the proper officer thereof within thirty (30) days after the date City Gate delivers an executed copy of this Agreement as described above, then this Agreement (or City Gate's offer to enter into this Agreement which shall be signified by City Gate's delivery of an executed agreement) shall be null and void and of no force or effect. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first above written. Attest: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIQNERS OF COLLIER COUNTY, FLORIDA, XS THE GOVERNING BODDY OF COLLIER COUNTY AND AS EX- OFFICO THE GOVERNING" BOARD OF THE COLLIER COfJNTY BY: WATER -SEWER DISTRICT Deputy lerk Attest as to Cha i rm" By: W . FRED . COYLE, Chair-min 14 kpproved as to form and legal sufficiency: !nom, !(/lit-- -� ---- -- Thomas C.,Palmer, Assistant County Attorney TWO WITNESSES: Sn. nature of First Witness N rime of First Witness 6 ur'l CITYGATE DEVELOPMENT, LLC By: (L.S.) nseph, . Weber, its Vice - President Sig- nature of Second /Witness Name of Second Witness 1'W0 WITNESSES: CG II, LLC i�ornature of First Witness J sep in of First Witness ;!:;nature of Second *fitness me of Second Witness 15 Weber, its Vice - President }\ } }} }[ \} \\\ \�\ {/\ } \\ \w Er Zn 2 � m ¥ * 0 � m COLLIER BOULEVARD rk£t 2 \ ) \ ) 52 >t SCRWTP \7(\ FPLEASEMENT m% C\ CL /} � q m� ( g 2 cD ƒ a \! j >\� /k0 &>\ \ §! \ )/) m == M g/ 3M \/ƒ $ t f§ OD &\& »2 >$m M (D 0 CL (n > (D $n cn CD m a w $)2 }\ } }} }[ \} \\\ \�\ {/\ } \\ \w Er Zn 2 � m ¥ * 0 � m COLLIER BOULEVARD rk£t 2 \ ) \ ) 52 >t SCRWTP \7(\ FPLEASEMENT m% C\ CL /} � q m� ( g 2 cD ƒ a I m } ] \ � CD CD \m= ESQ \)� E� � 2 m $ / § T i O � % \ 2 0 0 z \ @ \ / 7(7 /k0 0EEn )/) m == 3M \/ƒ $ t \ &\& »2 >$m M (D 0 CL (n (D (D $n cn CD m a w $)2 23 a \m ��$ 0- CD 0 .� \ I m } ] \ � CD CD \m= ESQ \)� E� � 2 m $ / § T i O � % \ 2 0 0 z \ @ \ / 16C13 k m a n 2 Z m 0 c� a 3 j m H cp tp N 0 o? m r 16C13 Cb w 0 m New access and utility easement along and mthrn westerly side of FPL R/W Replacement of 2000 "C" access & utility easement within FPL R/W K Miacie access easement within FPL R/W Easterly access easement within FPL R/W M -'e!ease of existing 2000 "C" access & utility asement within FPL R/W Fepiacement of 2000 "C" access & utility easement easterly of FPL R/W - =!ease of existing 2000 "C" access & utility �':sement easterly of FPL R/W 4,574 EXHIBIT B TABLE OF CONVEYANCES CCWSD 16 Cl $5,031 6,205 Citygate D. CCWSD $11 Sq. Foot $6,826 Agree Parce Conveyance Sq. Feet Grantor Grantee Value Value % Value $11 iangie parcel to CG 16,819 CCWSD Citygate D. $11 100% ($185.009) 'Al -- Bait for north lane easement 9,075 N/A N/A $11 95% $94,834 B ':-Dcuth lane right -of -way Easement to CG 13,500 CCWSD Citygate D. $11 95% ($141,075) B 1 �?ernaining Easement Area to CG 13,877 CCWSD Citygate D. $11 50% ($76.324) release 1983 Right of Way Access Easement 37,897 Citygate D. CCWSD $11 95% $396,024 D Nesterly access and utility easement within triangle 3,502 Citygate D. CCWSD $11 90% $34,670 B Easterly access and utility easement within triangle 740 Citygate D. CCWSD $11 90% $7,326 - 'diddle access easement in triangle 10,999 Citygate D. CCWSD $11 50% $60,495 G Easterly access easement in trianglr 277 Citygate D. CCWSD $11 50% $1,524 H SCRWTP new access & utility easement 9,807 Citygate D. CCWSD $20 90% $176,526 .vest of FPL R/W New access and utility easement along and mthrn westerly side of FPL R/W Replacement of 2000 "C" access & utility easement within FPL R/W K Miacie access easement within FPL R/W Easterly access easement within FPL R/W M -'e!ease of existing 2000 "C" access & utility asement within FPL R/W Fepiacement of 2000 "C" access & utility easement easterly of FPL R/W - =!ease of existing 2000 "C" access & utility �':sement easterly of FPL R/W 4,574 Citygate D. CCWSD $11 10% $5,031 6,205 Citygate D. CCWSD $11 10% $6,826 24,718 Citygate D. CCWSD $11 5% $13,595 6,205 Citygate D. CCWSD $11 5% $3,413 5,552 CCWSD Citygate D. $11 10% ($6,107) 90,447 Citygate D. CCWSD $11 90% $895,425 CG II, LLC 90,447 CCWSD Citygate D. $11 90% ($895,425) - epiacement of 2000 easements for well sites (D1 & E2) 3,200 Citygate D. CCWSD $11 100% $35,200 "-!?ase of 2000 well site easements (D1 & E1) 3,200 CCWSD Citygate D. $11 100% ($35,200) .' .' ,access Easement D1 Citygate D. CCWSD $26,400 %-i, access Easement E1 CG II, LLC CCWSD $35,200 ,_:titetal to City Gate for Property /Easement Exchange $453,347 escaping for Overclearing (Tpye C Buffer) $166,067 a Total $619,414 t;r =ed Grand Total to City Gate $500,000 f6 C13 N W e 4 E 10 S 0 too EXIST CC WELL VARIES MEDIAN VARIES .r rME S- I ASPHAL M COVORETE (2 COURSES) PROME GRADE - . PROPOSED SOUTH BOUNDAON OF ROAD ACCESS EASEMENT ORIGINAL SOUTH BOUNDARY LINE AD ACCESS EASEMENT 24' .25'/fT EXIST RAW WATER 2' 5' 5' Twe F Ct" s: f 47f3' WALK BOTH SM 4.11 ligw GyC BASE LBR 100 `- B' LMdDWW BASE; POMED. LOR too f2' STABK M SIDIBAUM LSR 40 EXHIBIT "D" COLLIER COUNTY ADMINISTRATIVE ORDER FOR DETERMINATION OF VESTED RIGHTS RE: CITY GATE DRI & PUD - VRD # 2005 -AR -7550 16C7 3 ow- DETERMINATION OF VESTED RIGHTS FOR CITY GATE DEVELOPMENT OF REGIONAL IMPACT & PUD Applicants City Gate Development, LLC, and CG II, LLC ( "Applicants "), by and through their authorized counsel, have applied to Collier County, Florida (the "County "), pursuant to Section 9.02.01 et seq. of the Collier County Land Development Code (LDC) for an administrative determination (Vested Rights Determination or VRD) that the lands described herein are vested to complete their development as authorized by is Development of Regional Impact Development Order, as amended, and corresponding PUD, as follows. FINDINGS OF FACT The subject property is located wholly within Collier County, and encompasses `87.187 acres of land (the "DRI Property "). A location map, sketch, and metes and sounds legal description of the DRI Property are attached as Exhibit 1. By virtue of Special Warranty Deeds conveyed to City Gate Development, LLC and CG II, respectively, copies attached as Exhibit 2, the Applicants own all of the DRI ,operty. Each Applicant is a Florida limited liability company, and their principal place of , siness is at 159 South Main Street, Suite 500, Akron, Ohio 44308. The authorized tinsel for Applicants are Donald A. Pickworth, Esq., 5150 Tamiami Trail North, Suite Naples, Florida 34103, and Roger B. Rice, Esq., 5425 Park Central Court, Naples, : ;rlda 34109. Page 1 of 14 16C13 4. On April 15, 1987, Applicants' predecessor in title applied to the County and the Southwest Florida Regional Planning Council for a Development of Regional Impact Development Order for authorization to develop the DRI Property in accordance with a plan of development set forth in the application. A copy of the Application for Development Approval (the "ADA ") is attached hereto as Exhibit 3. 5. On April 16, 1987, and in conjunction with the filing of the ADA, Applicants' predecessor in title filed an application with the County to rezone the DRI Property from A- Agriculture to PUD- Planned Unit Development. A copy of the application for rezoning is attached as Exhibit 4 on a compact disc (CD). 6. On December 13, 1988, the Board of County Commissioners of Collier County (Board) adopted Development of Regional Impact Development Order 88 -2 (the original "Development Order" or "DRI DO ") authorizing the development of the property subject to the terms and conditions of the Development Order. A copy of the Development Order is attached as Exhibit 5. 7. Also on December 13, 1988, the Board adopted Ordinance 88 -93, which rezoned the DRI Property from "A "- Agriculture to "PUD " - Planned Unit Development for a development to be known as City Gate Commerce Park (the "PUD "). A copy of the adopted ordinance and PUD document are attached as Exhibit 6. 8. The Development Order incorporates the PUD document and PUD Master Plan of the City Gate Commerce Park PUD, as described herein, which Master Plan is also shown in both as Exhibit H from the ADA (the "DRI Master Plan "). 9. The Development Order has been amended by Development Order Amendment 90 -4, adopted August 28, 1990 (the "1990 DOA"), Development Order Amendment 95- 2, adopted February 21, 1995 (the "1995 DOA"), and Development Order Amendment 2000 -02, adopted May 23, 2000 (the "2000 DOA", all of which are referred to collectively as the "Development Order Amendments "). Copies of each of the Development Order Amendments are attached as Exhibit 7. Page 2 of 14 16Q j 10. The Development Amendments relate solely to the schedules and order of development intended, among other things, to accommodate and implement a Red Cockaded Woodpecker Management Plan set forth in the 1990 DOA, which was adopted pursuant to the settlement agreement reached among the developer, the County, and the Florida Department of Community Affairs. Development Order Amendment 90 -4 was adopted by the Board pursuant to a settlement agreement among the Applicant's predecessor in title, the County, and the Florida Department of Community Affairs, which had appealed the adoption of Development Order 88 -2. Pursuant to Development Order Amendment 90 -4, Applicants are not authorized to develop that portion of the DRI Property designated on the DRI Master Plan attached to the 1990 DOA as Phase III until certain conditions relating to the Red Cockaded Woodpecker have been satisfied. However, Applicants are authorized to develop that portion of the DRI Property within the area designated as "Phases I and II" in the 1990 DOA. 11. The County has approved a subdivision plat for that portion of the DRI Property west of the 175 foot wide FPL easement, known as "City Gate, Phase One," recorded on March 22, 2004, in Plat Book 41, Pages 6 and 7 of the Public Records of Collier County, a copy of which is attached as Exhibit 8. 12. Based on associated construction plans corresponding to the recorded plat, the Applicant has installed subdivision improvements, including, but not limited to, roads, water and sewer lines, stormwater management facilities, and street lighting. 13. On September 1, 2004, Applicants submitted to the County for approval of a plat for a 72.9 acre industrial subdivision east of the FPL easement (the "City Gate, Phase i wo Plat "). A copy of the proposed plat is attached as Exhibit 9. 14. The City Gate, Phase Two Plat development area covers only those lands within :he DRI Property that are designated as "Phase I" in the 1990 DOA. Subdivision :eases and development phases prescribed by the 1990 DOA are not one in the same. Page 3 of 14 16C13 15. Pursuant to Part II, Chapter 163, Florida Statutes (the "Act "), and subsequent to the adoption of the Development Order, the County adopted a comprehensive growth management plan (the "Plan ") on January 10, 1989. 16. As required by the Act, the County has adopted land development regulations pursuant to the Plan, said land development regulations having been initially adopted and codified in 1991 as the Collier County Land Development Code (the "LDC "), said LDC also having been adopted subsequent to the adoption of the original Development Order. 17. In the course of reviewing the City Gate, Phase Two Plat, certain county staff personnel provided review comments indicating that the Applicants would be required to comply with certain native vegetation preservation requirements that were added to the LDC in 2003 and 2004 (the "2003/2004 Preservation Requirements "). 18. The Development Order and the PUD require an amount of native vegetation preservation equal to or greater in area than that required by the 2003/2004 Preservation Requirements, but the 2003/2004 Preservation Requirements require the preservation of a separate tract, and contain certain setback and buffering requirements. 19. Applicants have applied to Collier County, Florida (the "County ") pursuant to LDC Section 9.02.01 for an acknowledgement or determination that the City Gate DRI is vested such that the Applicants have the right to complete the development authorized by the City Gate DRI. CONCLUSIONS OF LAW 1. This Determination is rendered pursuant to, and meets the requirements of, LDC Section 9.02.01., which authorizes such an administrative determination by the undersigned officials. Page 4 of 14 16CI3 2. The VRD Application was timely filed, meets requirements for an application for determination of vested rights as set forth in Section 9.02.01 of the LDC, and is deemed complete pursuant to Section 9.02.01 of the LDC. 3. Applicants' assertion that their request for a VRD was filed in connection with an attempt by the applicants to resolve and settle issues arising from the County's apparent encroachment of County utility facilities appearing to be located outside of County easements on the DRI Property and the apparent destruction of native vegetation and habitat on portions of the DRI Property states a lawful basis for requesting the relief sought. 4. The foregoing Findings of Fact, being uncontroverted and otherwise sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusions reached, are considered to constitute competent and substantial evidence, as those terms are construed by the Florida courts. 5. All PUD ordinances approved by the Board of County Commissioners of Collier County, Florida, including the City Gate Commerce Park PUD Ordinance, are considered to be incorporated by reference as if fully stated within the County's Land Development Code (see LDC Appendix F); and thus, provisions of the City Gate PUD, as well as those of the LDC along with the City Gate DRI DO, and DRI DO Amendments, are the proper and lawful subject of this Vested Rights Determination. 6. Neither the filing of this Application, nor issuance of this determination, constitutes an acknowledgement or agreement on the part of Applicants that the vested rights sought to be declared and acknowledged by this Application do not otherwise already exist as a matter of law by virtue of applicable statutes, particularly, Section 53.3167(8), Florida Statutes, and this Determination is rendered without prejudice to any right of Applicants to seek adjudication of, or to enforce, such rights through appropriate judicial or administrative proceeding. The Development Order Amendments referenced in Findings of Fact No. 9 Page 5 of 14 16C13 above did not change the substantive development rights authorized by the Development Order. The DRI Master Plan, which is also the PUD Master Plan, and all development intensities, regulations, and commitments in the original Development Order are not altered by the Development Order Amendments. The Development Order as amended constitutes a valid unexpired development order and development of the DRI Property was timely commenced and has continued in good faith throughout. 8. The Development Order as amended is deemed consistent with the Plan, and the development standards and regulations in the DRI DO and the PUD are deemed to be generally consistent with the LDC. 9. The 2003/2004 Preservation Requirements are inconsistent with the prior, specific provisions for native vegetation preservation in the Development Order and the PUD. Thus, applying the 2003/2004 Preservation Requirements would materially and substantially alter Applicants' ability to complete the development authorized by the Development Order, even as previously amended. 10. Applicants have justifiably relied in good faith on the County's approvals of the Development Order, and each amendment thereto, as well the corresponding PUD, in acquiring and developing the DRI Property. ANALYSIS The conclusions reached and facts found above clearly show that: 1. the City Gate property is subject to a valid DRI development order adopted pursuant to Chapter 380, F.S.; 2. the Development Order was adopted prior to the adoption of the Collier County Growth Management Plan and the LDC which implements the plan, particularly the native vegetation preservation provisions added to the LDC in 2003/2004; 3. there have been no significant changes to the development authorized by the Development Order; and Page 6 of 14 16C13 4. the Development Order does not contain terms or conditions that require compliance with, or authorize the application of, later- enacted LDC provisions that are inconsistent with the DRI DO, as amended. The Development Order is "vested" to complete the development authorized by the Development Order by virtue of Section 163.3167(8), F.S., which provides as follows: "Nothing in this act shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to Chapter 380, or who has been issued a final local development order and development has commenced and is continuing in good faith." This statutory protection afforded to a development of regional impact approved prior to the adoption of a plan pursuant to Part II of Chapter 163 means that the County may not be lawfully permitted to apply later- adopted LDC provisions that would prevent Applicants from completing the development authorized by the Development Order. In the course of submitting development permits to the County for review, such as the Phase Two Plat, the staff has undertaken review of these development permit applications by applying provisions of the current LDC, which may not be permitted by Section 163.3167(8), F.S., and which if applied without Applicant's consent would materially and substantially affect Applicants' right to complete the development authorized by the Development Order. Therefore, Applicants have requested confirmation of their rights to complete the development authorized by the DR[ and have sought specific direction to staff so that currently pending and future development permit applications are not needlessly delayed. Accordingly, it is clear that City Gate qualifies for, and should be afforded the protections of, Section 163.3167(8), F.S., as well as those provided for in LDC Section 9.02.00, et seq. DISCUSSION Page 7 of 14 16C13 A. The Local Government Comprehensive Planning and Land Development Regulation Act and City Gate's Consistency Part II of Chapter 163, Florida Statutes, known as the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act ") was enacted in 1985 and required local governments to adopt (or amend existing) comprehensive plans pursuant to the procedures and requirements of the Act within a specified time period. The Act required that the local government plan be certified by the Department of Community Affairs ( "DCA" or, "the Department ") as being compliant with the Act and criteria for plans were established by Rule 9J -5 of the Florida Administrative Code. In conformance with the requirements of the Act, Collier County adopted its first comprehensive Growth Management Plan on January 10, 1989. The Act also required local governments to adopt land development regulations to implement the comprehensive plan within a specified time period. Collier County adopted and codified its land development regulations (the "Land Development Code" or, "LDC ") in 1991, and has enacted numerous amendments to the LDC since 1991, including a complete re- codification in 2004. The City Gate DRI DO was approved only one month before the County's Comprehensive Plan was adopted. Thus, the DRI DO and PUD went through their approval process during the same time period, and were reviewed by many of the same staff personnel, as was the Comprehensive Plan. When the Comprehensive Plan was adopted, City Gate was found consistent with the Comprehensive Plan, and indeed, City Gate remains consistent with the Comprehensive Plan to this day. Similarly, the adoption of the codified LDC in 1991 did not create significant conflicts between the development rights in the Development Order and the provisions of the LDC. The consistency among the Development Order, the Comprehensive Plan, and the LDC continued throughout the years, and the initial construction on the project and the Phase One Plat were designed not only in accordance with the Development Order, but are constructed in accord with the LDC in effect at the time of platting. Where not inconsistent with the plan of development (and even though not required to Page 8 of 14 16r13 do so pursuant to the protections under Section 163.3167(8), F.S.), the Applicants have been willing to design and construct in accordance with the more recent LDC. For example, the LDC's Activity Center #9 regulations contain provisions for setbacks, buffering, and architectural themes that differ from or are not required by the Development Order. Nevertheless, Applicants have been willing to design and construct the subject project to meet these LDC requirements. In 2003/2004, however, the County adopted amendments to Division 3.9 of the prior LDC. This cited LDC division requires that the native vegetation to be preserved on site be set aside in a separate preserve. This provision is substantially different than the prior plan of development and the requirements of the Development Order. In the Development Order, native vegetation east of the FPL easement is preserved by minimum parcel sizes of two (2) acres, with minimum yard requirements of 50 feet front and rear, and 25 feet side, with a maximum of 20% of required yards devoted to parking or vehicular drives. Also, it is required that at least 30% of each parcel must be devoted to natural and /or installed landscape areas. It should be noted that the total amount of native vegetation to be preserved under the Development Order is consistent with, and in fact exceeds, the amount required by the current LDC. It is simply the placement and configuration of the preserve areas that are not otherwise "consistent." Thus, to apply the 2003/2004 refinements would materially and substantially affect the development rights granted by the DRI, and, if those regulations were applied in whole cloth they would prevent the completion of the development authorized by the DRI Development Order. The master development plan contained in the Development Order and PUD (Exhibit H therein) shows the development as a series of development parcels interconnected by a :;rivate internal roadway system. The imposition of one contiguous 30+ acre ;,reservation tract conforming to the requirements of the 2003/2004 LDC amendments and also consistent with the master development plan would not be possible under the .already approved DRI DO master plan. This imposition would not only change the :haracter of the development, but could be adverse to the County's economic evelopment interests as well. The County has acknowledged a critical shortage of Page 9 of 14 16C13 high - quality light industrial areas that are well located with respect to transportation facilities. City Gate represents approximately 60% of the available acreage for this type of land use in the coastal area of the County. Further, the County's own comprehensive plan considers such development to be appropriate at this location. B. Legal Effect of the Bay Point Club Case There was no appellate case directly construing Section 163.3167(8), F.S., until 2004. In Bay Point Club, Inc. v. Bay County, 890 So. 2d 256 (Fla. 15' DCA 2004), the court considered the nature and extent of the protection afforded a DRI under Section 163.3167(8), F.S. See Exhibit 10, attached. Because of the significance of this recent case on the issues presented by this Application, it is discussed here in detail. The appellant - developer there, Bay Point Club, had purchased a small tract within a previously approved DRI and sought a change to the project's DRI development order.' The project change proposed by Bay Point Club sought a height increase to a maximum of 12 stories, a doubling of the residential density, and the elimination of previously approved recreational facilities. Bay County denied the proposed change to the DRI development order on the grounds that the change was a substantial deviation and, must therefore, undergo full DRI review. Bay Point Club then appealed to the Florida Land and Water Adjudicatory Commission ( "FLAWAC ") and certain residents and the community association intervened. The case was transferred to the Division of Administrative Hearings (DOAH) for a determination. The issue of the requested change being a substantial deviation was abandoned, but all parties agreed the change was not a substantial deviation under Section 380.06 (19), F.S. Thus, the remaining issue was whether the proposed DRI change was inconsistent or not with the Bay County comprehensive plan, and then whether the project changes could be approved in view of Section 163.3194 (1)(a), F.S., which 'See Bay Point Club v. Bay County, Florida Division of Administrative Hearings Case No. 01- 4890, Dec. 11, 2002 (the "DOAH Case ") for a detailed exposition of the facts of this case. A copy is attached as Exhibit 11, Page 10 of 14 16013 requires that all actions taken with regard to development orders must be consistent with the local government's adopted comprehensive plan Although not considered to be a substantial deviation by the parties, the DOAH decision went into great detail regarding the relatively small, but dramatic, change to the development being sought by Bay Point Club. The decision analyzed the existing development at Bay Point to determine the character of the neighborhood and found it to be a low rise, stable residential community comprised of predominantly permanent residents. Most structures were one and two stories in height, and the four buildings in the development that exceeded two stories were located '/4 to over '/s mile from the proposed Bay Point Club project. After analyzing the character of the development, the DOAH decision concluded that the intensification of development proposed by Bay Point Club was inconsistent with the provisions of the Bay County comprehensive plan that sought to protect and preserve the character of the existing residential development. On that basis, the DOAH order determined that the project change was not authorized because it was inconsistent with the Bay County comprehensive plan. No mention of Section 163.3167(8), F.S., or vesting, however, was contained in the DOAH decision. On appeal, the vesting issue was that first squarely addressed by the reviewing court. The court began its opinion by stating "this case involves the extent of vested rights in a development of regional impact" and then rephrased the question before the court as: "Once a DRI has been approved by the regional planning agency, do all proposed changes not requiring additional regional review become vested development rights, exempt from any local government review and approval ?" The court cited Section 163.3167(8), F.S., for the proposition that once a DRI has been approved the right to develop according to the DRI vests, and then stated that vesting means development rights obtained through a previously approved DRI are not lost by suosequent changes in the law. The court then analyzed the proposed change to the Page 11 of 14 16C13 Bay Point DRI and concluded that such changes, while not substantial deviations under Section 380.06 (19), F.S., nevertheless rose to the level of "significant development changes." Although the court recognized that a request for proposed changes would jeopardize vested rights because it seeks different development rights than those approved, the court accepted and confirmed that Section 163.3167(8), F.S., vests a developer's right to complete that development authorized by the DRI so long as the changes sought would not be considered "significant." Thus, so long as the project's proposed changes were not otherwise inconsistent with the local government's comprehensive plan, whatever development rights existed at the time of DRI approval would remain "vested." That is precisely what Applicants now seek for City Gate. No "significant development changes" to the development rights authorized by the DRI have been or are being sought. The only changes of any kind that have been made since the adoption of the Development Order are either those arising from the DCA's challenge (which resulted in DOA 90 -4 providing for more stringent protection provisions for wildlife, mitigation, and listed species), or those initiated by the developer to obtain revisions to phasing and build -out dates in order to comply with the mandated wildlife, mitigation, and listed species management plans set forth in DOA 90 -4. Thus, unlike the case in Bay Point there have been no significant development changes and, most significantly, there is no resulting potential for any inconsistency with the then effective Growth Management Plan provisions. As found above, the development has already been platted in part and is under continuing construction according to the City Gate's Plan of development. The second subdivision plat has been submitted for review and approval, and subdivision phases will continue to be submitted in future years to implement the plan of development shown on the DRI DO and PUD master plan. These plans are within the development intensities authorized, and are consistent with the development standards and regulations contained in the Development Order and the PUD. No increases in development intensity or any other change to the development rights granted by the Development Order for all or any part of the project have been or will be sought. Page 12 of 14 16C1; Applicants seek only to complete the development authorized by the DRI without being subjected to later enacted regulations, which if applied, would substantially and materially alter the approved plan of development. DETERMINATIONS Based upon the evidence submitted by the Applicants, deemed to be both competent and substantial, as well as the foregoing Findings of Fact and Conclusions of Law, pursuant to LDC Section 9.02.03., the undersigned are of the considered opinion and have now determined that the requested relief should be granted as follows: 1. Applicants have the right to complete development of the project at the intensities of development for the uses authorized by the DRI Development Order and PUD. 2. That any provision of the County's Growth Management Plan, as amended, or of the corresponding LDC provisions, as amended, which would purport to establish new or more restrictive requirements for development that would materially or substantially affect Applicants' ability to complete the development authorized by the Development Order are deemed not applicable, including, but not limited to, the 2003/2004 Preservation Requirements, subject to the Applicant's express agreement to the conditions for development order review by the County set forth in Exhibit 12, attached, entitled Required Yard Management Plan. 3. That, without limiting the generality of the foregoing determinations, and subject only to the express conditions for development order review set forth in Exhibit 12, attached, the vested rights determined to exist by this Order means that the express terms of the DRI Development Order, as amended, and corresponding PUD govern the location and amount of native vegetation required to be retained and preserved as well as the applicable setbacks and landscape area buffers, and provide all other regulations relating to native vegetation required to be preserved on the DRI property. Page 13 of 14 16C13 Other than expressly stated above, this Determination expresses no opinion and reaches no conclusion as to any aspect of the applicants /property owners' property or development rights that may be otherwise regulated by Collier County. DETERMINED AND ORDERED THIS DAY OF , 2005, ON BEHALF OF COLLIER COUNTY, FLORIDA. By its County Manager: James V. Mudd and By its County Attorney: David C. Weigel Page 14 of 14 S. C. R. W. T. P EXIST 48" RCP STORM 16C13 30' STEEL CASINGS (ALT B) MAX TOP OF CASING EL 10.5 NGVD PROP 8" FORCEMAIN S 0 100 RAW WATER MAIN CROSSINGS - CITY GATE BLVD SOUTH Florida 'j Energy 3 Service S 255 Hwy 19, Suite 19 In c. Crystal River, FL 34429 Ph. (352) 795-9007 Fax(352)795 -6360 CITYGATE COMMERCE PARK REVISED BLASTING PLAN AND DISCUSSION With modifications to the shape and size of the lake at CITYGATE COMMERCE PARK, distances for blasting also changed. The attached site plan is marked up as the Revised Blasting Plan and its shows Collier County structures of concern, blast areas and sites charges, and various distances. It also provides the depth and distance between holes, size of holes, size of explosive charges, and maximum number of pounds of explosives per hole. Previously submitted was a report from GeoSonics Inc. that commented on the prior blast plan. That report and comments are still relevant for the changes incorporated within this revised blasting plan. The principles applied in the first blast plan are the same as applied now. The Revised Blasting Plan has added the precaution, to reduce vibrations from lake blasting, of 161bs. per hole and 20 lbs. per hole buffer shots around 3 sides of the lake. To monitor the blasting work, 3 -4 seismographs can be set up for daily shots at critical locations. After typical data is ascertained, it may be possible to monitor seismic shock waves with one or two seismographs. I know there is a great concern about the county water treatment plant and wells. In the past, we have blasted very close to schools and other utility plants with no problem arising. Also, we blasted in the vicinity of the runway during construction of the Midfield Terminal in Lee County without incident. In fact, some additional liability insurance was purchased to appease risk managers for the Port Authority. CITYGATE COMMERCE PARK Phase Two does not include the lake. It does have some blasting for utility lines as note in the Revised Blasting Plan. The data collected from that blasting may be useful in further refinements to this plan. As always, when Collier County issues a blast permit, they are entitled to hold up further blasting at any point in time until the County's concerns are addressed satisfactorily. Please advise if you have any further questions or concerns. Naples Branch (239) 777 -8529 (239) 572 -4112 0— N -m 4! in it 10 It 64 c4). fi h- P � r r e c r Vv w A e � tr ." �? r s 7 P r i tv 16C13 MEMORANDUM Date: January 9, 2006 To: Hans Russell Real Estate Services From: Heidi Rockhold, Deputy Clerk Minutes & Records Department Re: Statutory Deed; Easement; Partial Release of Easement; Partial Release of Easement Attached, please find one original document of each as referenced above (Agenda Item #1603) which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you have any questions, please call me at 774 -8411. Thank you. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO � b C13 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. if the document is already complete with the exception of the Chairman's signature, draw a line d rou h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #S) Route to Addressee(s) (list in routing order) Office Initials Date 1 N v iM 3 R Agenda Item Number 2 5TATv /URA/ i�El7� G/4SG�! - cT' Number of Original 3. % QTN 14 )4.tE Of a+�- .� Documents Attached 4. resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Cleric of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact /114 X1 S Phone Number 73 2- 02 6 2 3 Agenda Date Item was Approved b the BCC N v iM 3 R Agenda Item Number Applicable) Type of Document 5TATv /URA/ i�El7� G/4SG�! - cT' Number of Original Attached % QTN 14 )4.tE Of a+�- .� Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "NIA" in the Not Applicable column, whichever is Yes NIA (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Qy� Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. `,Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document qLnd this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorperaeed-iln the attached document. The County Attorne 's Office has reviewed the changes, if applicable. _110 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C13 STATUTORY DEED THIS DEED, made this 97iV day of -3-AA) uA R y , 200A by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantor"), to CITYGATE DEVELOPMENT, LLC, a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308 -1300 (hereinafter referred to as "Grantee "). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: See attached Exhibit "A" which is, incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is not homestead property. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c By ��e By: 01 Deputy Clerk Fred W. Coyle, Chair Attest as, Chaira;w s s i Qr►at;e on] !! Approved as to form and legal sufficiency: By: v Thomas & Palmer, Assistant County Attorney Prepared byt Esquire Thomas C. Palmer, Esq wire Office of the County e ;. 3301 East Tamiami Trail Naples, Florida 33962 (813) 771 -8400 ; Z !.W too rn �w 0 PC :'ZC)m >C) SQ- z°czi I �m ox �m A m wgzz � G) < m V m o � n � 2 -0 to �oxm �m�c a M2. ZDrD- s�0% vlvn _.'.rj j A�mD N <Dmv 0 O-'w jq zz N m A D 2 Z 3 3uA u,rncl w -a O Z � O to F-� od � O txj n � 0 yyz O ►C N ►y (71 �I M rt D O D N � � D n C) d 0 r r- r O M a .� 0z O -no r-> r D 0-1 �m v ("1 DZ 0 D O C/] z � o O z Z O is j CACA n O z i 1`\ i �! i; i If i I � C) 4 i U I zi �! i; i If i I III / l J O y � � �rz t�J y y � vvC mx r; r" Mrn__j � 000 Z �1y OONz < °r9X as 0 D' D ° v � C N zvc�o� N _7N �Z z 0 r r D .; I;a < < v ZrnSZ� A, AA � r vQ p`vazly -0 Y.. t n 2_' s s� rn �Z n °v v Z n� A ,\ u eo v o CPo i l � i i N C m m n 1 0 0 a N m m z z m w n 1 O Z N D z ° rn m rn m s 0 a ti 0 m M m 0 O M p Z rrn 0 D to O m v M tA r7 A m CM a z D D O m D v 0 _x D -i m r< m ED ro O D A m m m 0 EXHIBIT A Paw __!_._0f_1___ O y O nZ O CD O DD O 1 - n M D 000 `yF�j C, 3: z 'LI (A � � CJ -00 rn > _n M� O mZO 0 4 -1 rl � rl .'m y 1 O co LA zi y y � C) i U O I ` J !V Vl ,\ u eo v o CPo i l � i i N C m m n 1 0 0 a N m m z z m w n 1 O Z N D z ° rn m rn m s 0 a ti 0 m M m 0 O M p Z rrn 0 D to O m v M tA r7 A m CM a z D D O m D v 0 _x D -i m r< m ED ro O D A m m m 0 EXHIBIT A Paw __!_._0f_1___ O y O nZ O CD O DD O 1 - n M D 000 `yF�j C, 3: z 'LI (A � � CJ -00 rn > _n M� O mZO 0 4 -1 rl � rl .'m y 1 O co LA z-,pw-.. _ W A H x L43 0 (I tzj H L16 r y y � i U I ` J I � / z ^lOm A, 00 D rrz"rzq" z v 7n7 ZO 1 r�7 mmmm _0D�Z � Z 1 9:-,e b m�-�O� �o Dz 0 �m0 Ax rrnmGi�lP ' V a'D to0 O 0D A M W O._,r a Z Fmfi C�,O1° AA O Z aDaa y °zzna Eo 0p�� govv �D a D a a RA 0MA oo Ln o z z� c Z 7n Z :0 mMmm a m 0 ,rj 0 -i M;5 0 D °�l'l -n-n aC -0 -0 DNa N y p a C =Z p0 3i r'l awl r"D pn CmM �vON Z 0C1'o0 °z y ma N pr n <i nr'1 -m 0A-1r moo r 1T7 OpAmO oryn zZ rn C (A m . - -1 m _0-1 -p Np00,0 00 .._► Ln 2 m N 00 w -o m0EA0 DU �il Zr -iDZpm 60 -+ O- _pomp ; s a 0 p O yo s`4cpE ax O C13 m a a_m -rtv rn un�ZA p� a o '^ n m m to E -4In�s �o q D m p N 0 z-,pw-.. _ W A H x L43 0 (I tzj H L16 r 16C13 EASEMENT THIS EASEMENT, made and entered into this " day of JX1JUA R- %/ 2006 by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the "Grantor ") to CITYGATE DEVELOPMENT, LLC, a Florida limited liability company, whose mailing address is 159 S. Main Street, Suite 500, Akron, Ohio 44308 -1300 (hereinafter called the "Grantee "). (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: 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, roadway and maintenance 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, and subject also to Grantor's rights, and the rights of the Collier County Water -Sewer District, of access for the construction, operation and maintenance of utility facilities, including but not limited to the 546- square -foot "wellsite lessout" shown on Exhibit "A," to the extent that such use does not unduly interfere with Grantee's use of the easement area. This is not homestead property. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said lands, place, excavate, and take materials for the purpose of constructing, operating and maintaining thereon an access roadway and any appurtenances thereto. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed by its Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:.., - r BY W eputy Clerk Fred W. Coyle, Chairma Attest as. t� Cha Iraw - 6 signature on14 Approved as to' forrh and legal sufficiency: By: ILI , C- / Thomas . Palmer, Assistant County Attorney Prepared by: Thomas C. Palmer, Esquire Of'tice of Uie County Attorney 3301 E is "ra�iiiarnf Trail Naples, Florida 33962 (813) Z O W D� M 0,� 1// N o= :sZCl z vx ;nn > A ° rn a' C EA o x n v -r1 A0 °� D m z 0 So z �� cn J ' V m o � 4 rn ° 00,00 sr, �°AZ r0U _a z�+a< WO .(AW n>z 0 i A P Vl'° =� M�m> N <>mv 3 3wsN. cmnr00 w�O :E2 z (A n = O � O tv t� O td 2 rQ n A D UUU z Z� m O N cn x ed N D zf d 0 m O �r O O z O ZF zC) �n D 0-4 -4 �m v (� O D z r-� O Z O Z O C1j (A [/] m O 2 z °n rrrrrrr �j�, 00 14 0) Ln 4 (A Jti Z Z z Z Z Z j1 00 t0D 00 03 00 O0 D ♦ 1. A 0) (7) 0) m ::E rri ::E ::E rri Z b d N N N N W W Cn cn A O, D y lb 00 [n N A N ? N W O, � h r h u , G a� a O a;D O arm � a a I ti a i L6 AD N � C � s n \ m n n n m C) N ti EXH1131T page-1, Of4 / C x 2xxS �.o N m m Cn izzz u(A i ym m m m m Z O m > 0 �r,',�z z < z z0w o ~ m 00)0M mi ml N Z O m m O P F O X D U V N V N O N= y H m rn A A OAl a °i rxi iO n m -� Z m rif:�m LA A > > D pn to to = m m U - Z O 0 0 o c e Z p O U ' N N -1 r m m > y D Oyip >m Or m z z z= m p O N F n > mmmm mZ �jny z z O � 0 2m> Z2 O m Z UI > ANA U nQ N/Om b O m m H tn DDCS Zr�� rn m r- o� -•m, -� ; �oZ ro C7 O < r O C) mrrn :0 = OD N rxi 0ic�o rn tn000MR p o 4 �^a �� C 00 vc�- VI'*7 z CI C)Oc.. mr,y v mmm� Z n, in ZP, I> �G , c NgAZ m s• A Vl C Ln D 0 Cn Z ;0 0IACn�� N 7 '� z -T,- O -i"'� r D rmr11 Z -r'�, mow 1 < f z avIT=1� am O Sy Nm G D � O rn �i N(nD Z i m� >O y` LA U O 4 ` a NDm r rn U N i m vv z a ( m� N A Q� A • 10•£91 � I 2 C �y ~O ;u m yam r- � I r I m� LA m n O CO N D p y I w c z -4 fT— l ZO W rn -/ No s ° u -{ Z W (' D m I O 0O > D rri — v U, n mz c �✓ vo 0000, L I m z s> rmi K�I Co 0 O II m ;u ;u ;u > >A > -n t3j Zr0qmr- z O G7 0 0 -1 -1 m >m°1 rni ��u� / C x 2xxS �.o N m m Cn izzz u(A i ym m m m m Z O m > 0 �r,',�z z < z z0w o ~ m 00)0M mi ml N Z O m m O P F O X D U V N V N O N= y H m rn A A OAl a °i rxi iO n m -� Z m rif:�m LA A > > D pn to to = m m U - Z O 0 0 o c e Z p O U ' N N -1 r m m > y D Oyip >m Or m z z z= m p O N F n > mmmm mZ �jny z z O � 0 2m> Z2 O m Z UI > ANA U nQ N/Om b O m m H tn DDCS Zr�� rn m r- o� -•m, -� ; �oZ ro C7 O < r O C) mrrn :0 = OD N rxi 0ic�o rn tn000MR p o 4 �^a �� C 00 vc�- VI'*7 z CI C)Oc.. mr,y v mmm� Z n, in ZP, I> �G , c NgAZ m s• A Vl C Ln D 0 Cn Z ;0 0IACn�� N 7 '� z -T,- O -i"'� r D rmr11 Z -r'�, mow 1 < f z avIT=1� am O Sy Nm G D � O rn �i N(nD Z i m� >O y` LA U O 4 ` a NDm r rn U N i m vv z a ( m� N A Q� A • 10•£91 ' � I 2 C ... I ~O ;u m Z r- � I r I m� LA m n O CO N D p y I w c ' � I N r1m ~O _ Z r- r1 r I m� LA m n O �D O w Fi Z 5 z -4 fT— l W rn -/ No s ° u c0 Z � 0 � I O n — v U, n mz c m ri A vo 0 L I m z s> rmi J Co 0 O ' S r1m ~O _ Z " z r1 O -n m� LA m T m �D O w Fi Z 5 z -4 fT— l O z -f1> W ( -/ No s ° u O L=J ►-� N cm -n =0 M — v U, n mz c m ri A vo O m z s> rmi m r' p - zi A N m x a II ;u > >A > G7 OU m >m°1 rni O CO zmU>12'"� 02 CD N N Z _101 z0Cv� OFS y. / WN W C, OX m N A V >I O m V m= m rti --11 m N m y N AA Z m 0� O O � s 04 — x SOm x225 rl D_Cn0 D m m- Z m m m m zZ� -IZZZZ �Omr_p; Uiy mm OrA mmmm -{ CnOZ nn zz" -zrnEA rxim�zn ZOnG,Z om rr Oo - >�MIA Ct • N-2rOOW A-� M X47 my4-m0 m0 a0a,m0 -vo NO2 m-' o A UZ N "'�'� nA ♦rn�mm0 i� CoDOm= '^gym CZp ��^ -• N�mi� °sDDDA � °os = D> N r =s U A 00 �N OZNO0 mDC --I1 yD oOD> >m�mm OUO mrOi Dmm rni rOi n Ul +Oj 00"'� C DZ r I..Q . A 2t.-gq A O n Z0Z >O n -V m_v D r N OU� V W Z O 0 Om W n mm Oo0rm0 M MOM nyr 4 m V r10 m AU a Z N W � I U4 m D Z 0 Ln O o _ A�A - r�R " z x -n m� LA m � m �D O w Fi Z 5 CZ -4 fT— l O z -f1> W ( -/ No s ° u � A cW n o cm -n =0 M U, n mz c m ri A vo O m z s> rmi m r' p - zi A N m x II ;u > >A > G7 OU m >m°1 rni O CO zmU>12'"� 02 CD N N Z _101 z0Cv� OFS y. WN W C, OX m N A V >I O m V m= m rti --11 m N m N AA Z m O s 04 — _ 16C13 PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made this cl -/,?-/ day of `TA/UV MX 1 2006 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, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "CCWSD "). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between Richard K. Bennett, not individually, but as Successor Trustee of that certain Land Trust Number 5360, dated the 8th day of April, 1985, and known as Trust Number 5360, and 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, recorded on July 18, 2001 in Official Records Book 2861, Page 1057 of the Public Records of Collier County, Florida (hereinafter referred to as "Easement "), encumbering the premises legally described therein. WHEREAS, CCWSD is agreeable to releasing certain parcels contained in the Easement. Said parcels are legally described in Exhibit "A," attached hereto and incorporated herein by virtue of this reference, and labeled therein as "Utility Easement "C "' (pages 1 and 2), "Easement "D 1 "' (pages 3 and 4) and "Easement E 1 "' (pages 5 and 6). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in said Easement as it relates to the parcels described in Exhibit "A." Provided, however, said Easement shall remain in full force and effect except as to the released parcels. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk ., �r•ri l . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY: AND AS EX- OFFICIO TH"EGUVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, By: , CC By: Atti t as to C>ha i nun ' s ipnaty 'onI M Approved as to form and legal sufficiency: By: ' Thomas C. Palmer, Assis ant County Attorney Fred W. Coyle, Chair Prepared by: Thomas C. Palmer, Esquire 0" ice of the County Attorney 3301 Ease Tainiami Trail Naples, Florida 33962 ( 813) 774-8400 SECTION 35, L TOMMSHIP 49 SOUTH, ko RANGE 26 EAST. 4 CA COWER COUNTY, FLORIDA L BM mAr ku 27 126 20.00' I 34 3 0 J Z Lo U N o ° o ° °o 6 z to 3 N N co w ,b i a- w �co 7� Q1 cn a c. I � /i LSD SECTION CORNER Z QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. R161-IT -OF -WAY 0 0 O N89'1 'i'12'E `� 1926.65' w S891 i'12'W 1901.19' o `O C) N 7_ Z \ �{' , N89'31'01'E S A -6• Od 456.51' -0 N89'31'01'E 100.00' _ 00, Od . . f-- W ACCESS ROAD NO. 1 4 Ld 3 ,,rL 16C13 EXHMIT A Pam -- ---- -, GRAPHIC SCALE 0 100 150 200 SCALE: 1"= i oo, 0 ° O 26 N89'15'27'E 2641.68'r�� -�- S89'1527 "W 2641.08' 26 25 36 0 N I 3 0 I Ic o 0 N Z n 1 1 . 34 135 _ 35 36 1 1 I 16C13 •i • kl � r w GAL DESCRIPTION - i71t fTY t= ecEuENT -C- A PARCEL OF LAND 20.00 FEET WIDE BEING A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE N00'29'15 "W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF fiHE PROPOSED ACCESS ROAD N0, 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD 93 (1 -75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1, A 89'31'01 "E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF TH'= PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THEN "E ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF SAID CANAL N00'29'15 "W A DISIAo�CE OF CORNER OF SAID PROPOSED ACCESS ROAD RIGHT-OF-WAY FEET WAYHTONORTHWEST (NW) TREATMENT PLANT PARCEL; THEN�,E ALONG THE NORTHERLY LINE OF SAID ACCESS ROAD RIGHT -OF -WAY N89'31'01 "E A DISTANCE OF 456.51 FEET TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER TREATMENT PLANT PARCEL; THEN�'E ALONG SAID WESTERLY BOUNDARY LINE - NOO'04'14 "E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP &L) RIGHT -OF -WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 681, PACE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP &L RIGHT -OF -WAY LINE, N31'30'28 "E A DISTANCE OF 70.02 FEET; THENCE CONTINUING ALONG SAID WESTERLY FP &L RIGHT -OF -WAY LINE S58'30'03 "E A DISTANCE OF 116.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN N00'47'14 "E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 35; THENCE SAID NORTH LINE A DISTANCE OF 1920.65 TO THE NORTH QUARTER CORNER OF SAID SECTION 35; THENCE N89'15'27 "E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35 A DISTANCE OF 2641.68 FEET TO THE NORTHEAST (NE) CORNER OF SAID SECTION 35; SAID SECTION 35, SOO- 55 -50 "W A DISTANCE 20.01 FEET; TH THENCE S8915'2 LINE OF A LINE 20.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE NG NORTHEAST QUARTER (NE P/4) OF SAID SECTION .35' 'A DISTANCE OF 2641.08 FEET; THENCE S8911'12 "W ALONG A WNE SOUTHERLY OF .AND PARALLEL WITH THE NORTH UNE OF THE NORTHWEST QUARTER (NW 1 /4)A DISTANCE OF 1901.19 FEET; THENCE S00'47'14 "W A DISTANCE OF 263.7E+ FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID WATER TREATMENT PLANT PARCEL; THENCE N58'30'03 "W A DISTANCE OF 23.26 FEET TO THE 60INT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS N6T A SURVEY) UTILITY EASEMENT "C" FOR: Czro COWER COUNN� �QRIDA SDSK PROJECT: 0051800 - CAD FILE: 0051800. dwg NOTED: FlELO BOOK N° SHEET; - -- Y' S.F.R.N. STAFF N.A. �/2 eY: G. RAYMAN 07/20/2000 Enghme rs' Surveyors • Mappers mom _ typl IIQKDQ[ bn0. E4T PAW �Ap� ILDpA m f>►+Mm nm.rAS (xt_�.s� FLORIDA R .L..S. _ / RLS2633 0054m _ 16C13 EX SECTION 35, � TOWNSHIP 49 SOUTH, RANGE 26 EAST. SECTION CORNER QUARTER SECTION CORNER h rn P.O.B. POINT OF BEGINNING cn R. O. W. RIGIiT -OF -WAY GRAPHIC SCALE 1S / 0 100 150 200 vi COLLIER COUNTY, FLORIDA LQQA_ �p SCALE: 1 " =100' o 00 ° N89'11'12'E `r o � 40.00' m ° ° o ci 27 26 20.00' Cl ° CD cv NEI91 I'll 2 "E 1555.00' 26 26 25 34 35 ,� °• o z m o S89`1 1'12 "W o [37 co <r 40.00' o 3 ^ � g CD I I 0- 1 N p O V' O Z HS 090 zC) ,° N89'31'01 "E �j �`��6!o0�, o 456.51' .00- o?_ w ACCESS WW W W ' N89-31'01 -E I— � U 100.00' ROAD N0. 1 Q Lr ul ?n 3 W ,a O N N 097 O rn C) I I i i 34 135 35 36 SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 1'" -oR:gy� -rp RED R r� SE OSMO �S�XPAI�S:. ^,R COUNTY, 'FLORIDA COWER SDSK PROJECT: 00951800 ^�--_ CAD F ILE: 0051800. Uwg NOTED: l Y. S. F. R. N. STAFF Y. G. RAYMAN 07/20/2000 1= m1wom or ' HELD BOOK NO SHEET: N. A. ZZ2 )l i RJM zi 1 00518.00 16C13 A PARCEL OF LAND BEING A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RAN GE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOW NSHIP 49 SOUTH, RANGE 26 EAST, COL.LI�R COUNTY, FLORIDA, RUN THENCE N00'29'15.W ALONG THE WEST LINE SAID S POINT ON THE CENTERLININ ECTION 35 A DISTANCE OF 1382.43 FEET TO A E OFyTiiE PROPOSED ACCESS ROAD N0. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTIvENT OF TRANSPORTATION RIGHT —OF —WAY MA STATE ROAD 93 (1 -75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF T HE FOR PROPOSED ACCESS ROAD NO. 1, N 89-31-01"E A DISTANCE OF 100.00 FEET T POINT ON THE EASTERLY RIGHT - -OF —WAY UNE OF A CANAL, SAID POINT ALSO A BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WAFER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT —OF —WAY LINE OF SAID CANAL NOO'29'15 "W A DISTANCE OF 50.00 ( FEET TO THE NORTHWEST (NW) CORNER OF SAID PROPOSED ACCESS ROAD RIGHT —OF —WAY TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACC ESS ROAD RIGHT —OF —WAY N89.31 -01 "E A DISTANCE OF 456.51 FEET TO THE INTERSECT OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER ION TREATMENT PUNT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY L1NE- N00'04'14 "E ADISTANCE OF .994.98 FEET TO A- POINT ON THE WESTERLY LINE 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP &L) RIGHT —OF —WAY AS DESCRIBED A OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE A D IN SAID WESTERLY FP &L RIGHT —OF —WAY LINE, LONG THENCE CONTINUING ALONG SAID WESTERLY FP&LORIGHT— OF!SWAY LINE, S5 *3 FEET- THENCE DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN N00'47'14 "E A DISTANCE OF 271 8 30'03 "E POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW1 /4 3 OFFS T TO A 35; THENCE N89'11'12 "E ALONG SAID NORTH LINE A DISTANCE OF 1515.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE ALONG THE NORTH UNE OF THE NORTHWEST QUARTER (NW1 /4) SAID SECTION 35 N89- 11.12 "E A DISTANCE 40.00 ' FEET; THENCE S00'48'48 E AT RIGHT ANGLES TO THE NORTH LINE OF THE NORTHWEST QUARTER (NW1 /4) OF SAID SECTION 35 A DISTANCE OF 40.00 FEET- THENCE S8911'12 "W PARALLEL 1MT-i SAID NORTH LINE A DISTANCE OF 40.00 FEET; THENCE N00'48'48 "W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "D 1" �°R. gzr%o fl oc, - -- - - - - cowER- coUNT rr FLORIDI NOTED: 9Y: S.F.R.N. STAFF Nn 9Y: G RAYMAN 07/20/2000 Engineers • Surveyors . A,lapven n tsel�ss nm 4 rm vwr soot RbOD }yam leegsu -aro • may SDSK PROJECT. 0051800 CAD FILE: 0051800.dwg soar N.A. SECTION TOWSHIP 49 SOUTH, AV RANGE 26 EAST. �N 7,5 c� cri ___ CODUER COUN_TY, FLORIDA Lam- 27 26 20.00 IA-1 34 35 _ ., . .b i, �? w s Q1 LFrEND SECTION CORNER QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R. 0. W. IRIGN T- OF- WA Y N 89'11 ' 121 , 1920.65' CD 0 CD N N8975'27 -E 40.00' N8915'27 "E 26 1149.35' 35� - 16C13 r WE oc GRAPHIC SCALE ° 100 150 200 SCALE: 1 " =100' w IT O v o 6 O O N 26 25 35 36 o S89'15'27')N o - I 40.00 o ci rn 3 ^ o C v a I c I z w CL o ° z Z° in - N89'31'O1 "E !j ' ; j , `j ?6' �O,T o 456.51' 6lb �0�, o F N89'31'01 "E ACCESS IX W W 100.00' ROAD NO. 1 < fr 3 3WQ N 00 Z I I 1 34 135 35 36 1 I 1 SKETCH OF DESCRIPTION (THIS IS NOT A SURVFYI 'op - -- EASEME COLDER COUNTY, FLORIDA NOTED: YS-F. N STAFF i BY: G RAYMAN 07/20/20001 PH (Mft -IM 411 NT E 1 SDSK PROJECT: 0051800 CAD FILE: 0051800. dwg FlEW BOOK W SHEET. N. A. _Y Li !Z2 1\ ,.1 ,. "1•► ,i 16C13 ..� r A PARCEL OF LAND BEING A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PAR RANGE TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSH IP 49 SOUTH, RANGE 26 EAST, COI.LI�R COUNTY, FLORIDA, RUN THENCE N00.29'15 "W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF' TIE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT —OF —WAY MAP FOR STATE ROAD 93 (1 -75) SHEET 8' OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1,!N 89'31'01 "E A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT - -OF —WAY LINE OF A CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD TO THE WATER TREATMENT PLANT PARCEL; THENCE ALONG SAID EASTERLY RIGHT—OF—WAY LINE 0 SAID CANAL N00'29'15 "W A DISTANCE OF 50.00 FEET TO THE NORTHWEST NW F ( CORNER OF SAID PROPOSED ACCESS ROAD RIGHT —OF —WAY TO THE WATER - ) TREATMENT PLANT PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID ACCE s ROAD RIGHT —OF —WAY N89'31'01 "E A DISTANCE OF 456.51 FEET TO: THE INTERSEC OF SAID NORTHERLY LINE WITH THE WESTERLY BOUNDARY LINE OF THE WATER 110N TREATMENT PLANT PARCEL; THENCE ALONG SAID WESTERLY BOUNDARY LINE NOO'04'14 "E A DISTANCE OF 994.98 FEET TO A POINT ON THE WESTERLY LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT (FP &L) RIGHT —OF —WAY AS DESCRIBED I OFFICIAL RECORDS BOOK 681, PAGE 1210 COLLIER COUNTY RECORDS; THENCE ALONG SAID WESTERLY FP &L RIGHT —OF —WAY LINE, N31'30'28 "E A DISTANCE OF 70.02 FEET• , THENCE CONTINUING ALONG SAID WESTERLY FP &L RIGHT —OF —WAY LINE S58'30'03 "E A DISTANCE OF 116.00 FEET ; THENCE LEAVING THE BOUNDARY OF SAID WATER TREATMENT PLANT PARCEL RUN NOO-47 -14 "E A DISTANCE OF 271.36 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW1 /4) OF SAID SECTION 35; THENCE N8911'12 "E ALONG SAID NORTH LINE A DISTANCE OF 1920.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 35; THENCE '15'27-E NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 58A DISTANCE 011109. 5E FEET TO THE POINT OF BEGINNING, THENCE CONTINUE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, N89'15'27 "E A DISTANCE 40.00 FEET; THENCE S00'44'33 "E AT RIG -IT ANGLES TO SAID NORTH LINE, A DISTANCE OF 40.00 FEET; THENCE S89'15'27 "W PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 A DISTANCE OF 40.00 FEET; THENCE N00'44'33 "W A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SKETCH OF DESCRIPTION (THIS IS NOT, A SURVEY) EASEMENT "E 1" .o",Q COWER COUNTY, FLORIDA SDSK PROJECT: 0051800 cA CAD FILE: 0051800. dwg NOTED: _ FlELD BOOK NO SHEET. S.F.R.N. STAFF N. A. �/2 HECK BY: G. RAYMAN 07/20/2000 `' .SOB No S R.L S i RLS2 s�� OO __ RL PARTIAL RELEASE OF EASEMENT 16C13 THIS PARTIAL RELEASE OF EASEMENT is made this clPl day of J-ANVA R , 2006 by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F ORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "CCWSD "). WITNESSETH: WHEREAS, CCWSD is the holder of that certain Utility Easement by and between Richard K. Bennett, not individually, but as Successor Trustee of that certain Land Trust Number 5360, dated the 8th day of April, 1985, and known as Trust Number 5360, and 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, recorded on July 18, 2001 in Official Records Book 2861, Page 1053 of the Public Records of Collier County, Florida (hereinafter referred to as "Easement "), encumbering the premises legally described therein. WHEREAS, CCWSD is agreeable to releasing only the south twenty (20) feet of the easement area measuring 40.02 feet north to south and 690.82 feet east to west as legally described in Exhibit "A," attached hereto and incorporated herein by virtue of this reference, and labeled therein as 40' Wide Easement "A." NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CCWSD does hereby relinquish, abandon and release all of its rights and interest in the south twenty (20) feet of said 40' Wide Easement "A" described in Exhibit "A." Provided, however, the northerly 20 +/- feet of said Easement shall remain in full force and effect. Provided further that the allowable uses of the south 20 feet released herein are subject to the provisions in paragraph 13a of the 15- page Settlement Agreement and Release, and the 22 pages of Exhibits attached thereto, among Citygate Development LLC, CG II, LLC, Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District dated November 15, 2005. IN WITNESS WHEREOF, CCWSD has caused these presents to be executed in its name by the Board of County Commissioners, acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROOK, Clerk By: Ir 0 Attest'i to Chatr an -6 Signature on] v Approved as to form and legal sufficiency: 01—\ () I By: Thomas C. Palmer, Assi tant County Attorney 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, By: — �3ka , L., Fred W. Coyle, Chairm by: i e�'.??c"eCi SECTION 35, T INSM 49 SOUTH, RANG 26 EAST. a COWER COUNTY, FLORIDA �gog.� ►fIl _. SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGMING R.O.W. RIGHT-OF-WAY ID 16C1 NOT TO SCALE 27 26 26 26 25 34 35 35 35 36 111 \ n S SOO.29 -15 -E $ 9 50.00' • ?� \�� 10 = 1 I I N454 28 .E I I WA WEST LINE ; TR + • ti- I OF WATER T.. $ p TREATMENT ; r ,en I PARCEL tO • o P.O.B. _ N sa9+04'40'W 690.82, N89134'400E I i C' j �Z c 690.82' S +g I 40' 1MDE EASEMENT "A" (0.634 ACRES) 34 35 t�9_ r EX JBIT 35 36 I PAM I I SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) EASEMENT "A" SORINTP REVERSE [ 1MS MANS SDSK PROJECT: 0051800 COLLIER COUNTY, FLORIDA CAD FILE: 0051800.dwg NOTED: S.F.R.N. STAFF G. RAYMAN 07/20/2000 �► a°N��w":."�i tii far -w '.ssw.ce� N. A, 1 0 v c -y L F' .r 1 i v. 0 v c LEGAL DESCRIPTION - ADDITIONAL PURCHASE "A" A PARCEL OF LAND 40.00 FEET WIDE BEING A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN THENCE NOO- 29 -15 "W ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 1382.43 FEET TO A POINT ON THE CENTERLINE OF THE PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP FOR STATE ROAD 93 (1 -75) SHEET 8 OF 10; THENCE ALONG THE CENTERLINE OF THE PROPOSED ACCESS ROAD N0. 1, N�,89"-? 4 '��A_ DISTANCE OF 100.00 FEET TO A • POINT ON THE EASTERLY RIG H 0�' J�W II49�f CANAL, SAID POINT ALSO BEING ON THE CENTERLINE OF PR POSED 4 ROAD TO THE WATER TREATMENT PLANT PARCEL; r E ALONG SAID A ITRLY RIGHT -OF -WAY LINE OF SAID CANAL SOO'29 -15" A// ISTAN6 OF '50.00 F T TO THE SOUTHWEST (NW) CORNER OF SAID OF TH P OP S A ESS, AD R) H OF -WAY TO THE WATER TREATMENT PLANT PARC L; 6N. Tki RL LINE OF SAID ACCESS ROAD RIGHT -OF -WAY N 9'3 0 I T 8 EET TO THE INTERSECTION OF SAID N E LY LI E E L BOUNDARY LINE OF THE WATER TREATMENT PLAN E ON D STERLY BOUNDARY LINE SOO'47014 "W A DISTANCE 53.80 FEET TO E S U ST CORNER OF SAID WATER TREATMENT PLANT CEL AND POIN' E I G OF THE HEREIN DESCRIBED PARCEL. THENCE LEAVING THE BOON R( j�F SAID WATER ENT PLANT PARCEL RUN 500'47'14 "W A DISTANCE OF 4 - �6=;�ENG `Pj�8 `04'40 "E ALONG A LINE 40.00 FEET SOUTHERLY OF AND PARALZE % �HaOb LINE OF SAID WATER TREATMENT PLANT PARCEL A ISTANCE-OF -6g .82 FEET; THENCE NOO'47'14 "E A DISTANCE OF 40.02 FEET TO THE SOUTHEAST CORNER OF SAID WATER TREATMENT PLANT PARCEL; THENCE S89'04'40"W ALONG 1HE SOUTHERLY BOUNDARY LINE OF SAID WATER TREATMENT PLANT PARCEL A DISTANCE OF 690.82 FEET TO THE POINT OF BEGINNING. SAID HEREIN DESCRIBED PARCEL CONTAINING 0.634 ACRES MORE OR LESS. OF DESCRIPTION NOTED: S.F.R.N. STAFF G. RAYMAN DA ', 07/20/2000 �s i' EXHIBIT � "A" 16C14 MEMORANDUM Date: November 17, 2005 To: Richard Cannyn Project Manager, PUED From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A South Florida Water Management District Local Government Agreement No. DG061167 Enclosed please find a copy of the document as referenced above, (Agenda Item #16C14), approved by the Board of County Commissioners on Tuesday, November 15, 2005 Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI �1 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed, ii4 documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. I _ (o a Agenda Item Number Applicable) 2. I+ e m 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original 4. 'T p A It - C. —F Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact T C f '/% C/ `'ti rt/ Phone Number 2 —, -, z 7 Agenda Date Item was I _ (o a Agenda Item Number Applicable) Approved by the BCC I+ e m Type of Document signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original Attached 'T p A It - C. —F Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "NIA" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �t time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Ul . /T,os (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6C w. ClL,l, No,id. �\L,�t Rilm Pcach, I11Wida ,,40(, • (561) 686 -8800 FL 11':A "I �- 1 -."'0 ' E ,61 i f,97-2374 %L!dre�,s: P.0. [iu\ 2}68(1,'Ae�t Pilm Peach, f L ;3-116 -46H(1 October 13, 2005 '15 OCT ? 8 7. 37 Mr. Peter Schalt Collier County PLIED 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Dear Mr. Schalt: Subject: Contract # DG061167 12th AVENUE TAMIAMI INTERCONNECT Enclosed are two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization, and include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Paragraphs 4.3, 4.4, 4.5, 8.9 and 8.10 have been added to the contract since the request for projects was sent out. The date in paragraphs 4.1, 8.8 and 8.11 has been changed from July 1, 2006 to August 1, 2006. Please return both copies to my attention as soon as possible, but no later than November 30, 2005. Since the contract terminates on September 30, 2006, the executed documents need to be returned to my attention as soon as possible. If the contracts cannot be executed and returned by November 30, 2005, please notify me promptly via email or fax. A fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov 561) 682 -6378 ,561) 682 -5587 (fax) 3H /sm _nciosures Nestor Garrido, MSC 4360 Vh- I l .'11 -11 Lenn,ut 1 I Illtl.11ll, SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY • - FUNDING PROGRAM Recipient: Collier County PUED Recipient's Project Manager: Peter Schalt Address: 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Telephone No: (239) 530 -5343 3 F R NA' }Y 3 P s 0 `H? X Fax No: 530 (239) -5378 N q� X {a 3 aif zy ,. � zi iy Ysms' � f SFWMD Project Manager: Nestor Garrido Telephone No.: (561) 682 -6908 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Insurance: Not Applicable Federal Employer Identification Number: 21- 07019995 Project Title: Collier County PUED - AWS FY2006 : 12th Avenue Tamiami Interconnect Agreement No. DG061167, Page 1 of 9 16C14 This Agreement is entered into between the Parties, the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 — PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Schedule of Deliverables Exhibit C Reporting Form ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement, and shall terminate on the date noted on the first page of this Agreement. _'? The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's constriction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, Agreement No. DG061167, Page 2 of 9 including but not limited to, the adequacy or sufficiency f all 6 DIA Y or p described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for the construction activities described in Exhibit "A ". ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Schedule of Deliverables ", attached hereto as Exhibit `B ". On or before August 1, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenas ,sfwmd.,ov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress.of the project. Agreement No. DG061167, Page 3 of 9 16C14 ARTICLE 5 — CONTRACT MANAGEMENT �. i The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in Agreement No. DG061167, Page 4 of 9 16C14 the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. DG061167, Page 5 of 9 16C14 ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this project. 5.8 A Recipient who operates a public water supply utility shall, by June 1, 2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2006. S -9 Recipient of funds for a reuse project shall provide a status report by August 1, 2006 addressing the following issues: (1) accounting of reclaimed water usage and method used Agreement No. DG061167, Page 6 of 16C14 (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August 1, 2006. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. DG061167, Page 7 of 9 16C � 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the enefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement maybe amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. Agreement No. DG061167, Page 8 of 9 16CJq 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This AgreeV373.0831 t is subject to and governed by the provisions applicable to it contained in sections and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Loin Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) S / D Procurement Approved: B � • ° - c �._cf " -"Z`'� CJ.z �- Date: /Oy SFWMD Office of Counsel Approved: By: Date: ATTESU �, ��r�� /Af\ , �a_XJ�1/l Plait — Attos. Ca. atnaa's "1 y JG t Recipients Legal Name: The Board of County Colfwassioners of Collier County, FL By Authorized Official: Fred W. Coyle Title: Chairman Date: November 1, 2005 Agreement No. DG061167, Page 9 of 9 16C14 EXHIBIT "A" STATEMENT OF WORK Collier County —12th Avenue Tamiami Interconnect Brief Project Description: The purpose of the 12th Ave Tamiami Interconnect project is to construct an interconnect between the Tamiami Wellfield and the existing Lower Hawthorn Wellfield to allow for a reliable supply to keep North County Regional Water Treatment Plant operating at full capacity. Project Description 1. Project Background —12th Ave Tamiami Interconnect 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 system. The existing North Hawthorn Wellfield, which at present consists of sixteen (16) wells draws from the brackish Lower Hawthorn aquifer, an alternative water source, and serves the North County Regional Water Treatment Plant ( NCRWTP). To date, approximately 4 million gallons per day (mgd) of alternative water supply capacity has been taken out of production as a result of increased chloride levels in existing RO Wells No. 1 N, 2N, 3N, and 4N. As part of the comprehensive plan, interconnection of the existing Golden Gate Tamiami wellfield is being undertaken to provide sufficient supply capacity for the NCRWTP to continuously produce at full capacity during peak season demand. It is anticipated that water from the Tamiami Wellfield will be blended with water from the saline wells in the North Hawthorn Wellfield to produce a blend that can be treated with the existing RO membranes. This project also includes the construction of a 250 -hp, 4100 -gpm booster pump station to deliver the water to the NCRWTP at sufficient pressure. This project will help Collier County meet the objectives of its Water Supply Master Plan and the increasing County demand for water, while reducing dependency on fresh ground water. Exhibit "A" to Agreement No. DG061167, Page 1 of 1 16C14 EXHIBIT B SCHEDULE OF DELIVERABLES Total payment by the District to Collier County PLED shall not exceed the amount of $433,000.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1, 2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emails, memos, and letters. Task No. Deliverable(s) Invoice Date Report Due Date District Not - To- Exceed Payment 1 Status Report N/A December 1, 2005 N/A 2 Status Report N/A February 1, 2006 N/A 3 Status Report N/A April 1, 2006 N/A 4 Status Report N/A June 1, 2006 N/A 5 Construction of Interconnect August 1, 2006 N/A $433,000.00 6 Annual Status Report N/A September 30, 2006 N/A TOTAL SFWMD PAYMENT $433,000.00 Exhibit "B" to Agreement No. DG061167, Page 1 of 1 EXHIBI REPORTING FORM Project Summary Final Report — FY 2006 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 16C14 Cost for this Phase Type of Alternative Water Quantity of Water Made Available GD Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish $ $ Local funds $ $ Cost for this Phase Proposed Actual Total Construction Cost —This Phase $ $ Funding for this Phase District fundina this phase $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "C" to Agreement No. DG061167, Page 1 of 1 16C] MEMORANDUM Date: November 17, 2005 To: Richard Cannyn Project Manager, PUED From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A South Florida Water Management District Local Government Agreement No. DG061169 Enclosed please find a copy of the document as referenced above, (Agenda Item #16C15), approved by the Board of County Commissioners on Tuesday, November 15, 2005 Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT (O THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR I Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The pl r tilt i an riginal documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. -appropriate. _ Agenda Item Number 2. Approved by the BCC o () 3. a S Type of Document 4. by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from^( Attached _ 0 I/ � / R 4. C—T 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending ACC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact y�.=C l� 'r% Phone Number -IV--( Z 7e Agenda Date Item was -appropriate. _ Agenda Item Number 6* Approved by the BCC o () a S Type of Document Number of Original by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from^( Attached _ 0 I/ � / R 4. C—T Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not -appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from^( contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �t time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Il. /5,os (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C15 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Gun Club Road, Nest Palm Beach, Florida 33406 • (561) 686 -8800 • FL WA 1 0- 4EP_-2CD. • TUD (5b1) (197 -2574 Address: P.O. Box 24680, West Palm Beach, FL 33- 16 -4680 �ctictusf��md.nu� October 14, 2005 '15 OCT 18 ^"' 7: 38 Mr. Peter Schalt Collier County PUED 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Dear Mr. Obern: Subject: Contract # DG061169 RECLAIMED WATER ASR Enclosed are two (2) copies of the subject document Please have them signed by an individual with signature authority on behalf of your organization, and include dOCUmentation to demonstrate official delegation of signature authority up to the contract monetary limits. Paragraphs 4.3, 4.4, 4.5, 8.9 and 8.10 have been added to the contract since the request for projects was sent out. The date in paragraphs 4.1, 8.8 and 8.11 has been changed from July 1, 2006 to August 1, 2006. Please return both copies to my attention as soon as possible, but no later than November 30, 2005. Since the contract terminates on September 30, 2006, the executed documents need to be returned to my attention as soon as possible. If the contracts cannot be executed and returned by November 30, 2005, please notify me promptly via email or fax. A fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, -& ,,, Bernadette Harrison Contract Specialist Procurement Department bharriso @sfwmd.gov (561) 682 -6378 (561) 682 -5587 (fax) BH /sm Enclosures c: Nestor Garrido, MSC 4360 F.Arcunt r (Vi-lcr :Alice I. Carlson Lennart E. I_ind.ihl, P L. Carol :Ann I\ehle, F- rnnticr L�ircrt") Michael C��Ilim Ii ikk. \' h. Th'"_Won C;uiirrrri. Ir., k_.�t. Alalcolm �. 11'Idt, Ir Recipient: Collier County PUED 16 C1 P� SOUTH FLORIDA WATER MANAGEMENT T DISTRICT 2005 — 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient's Project Manager: Alicia Abbott Address: 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Telephone No: (239) 530 -5344 Fax No: (239) 530 -5378 SFWMD Project Manager: Nestor Garrido Telephone No.: (561) 682 -6908 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Insurance: Not Applicable Federal Employer Identification Number: 21- 07019995 Project Title: Collier County PLIED - AWS FY2006 Description: Reclaimed Water ASR AnrPPmant Nn n(,.nR1 1 R9 PanP 1 of 9 This Agreement is entered into between "the Parties," the South Florida W Uele District, the "District ", and the undersi gn ed art y, hereinafter referred to as the Recipient. The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Schedule of Deliverables Exhibit C Reporting Form ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement, and shall terminate on the date noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, Agreement No. DG061169, Page 2 of 9 1 . SCI 5 including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for the construction activities described in Exhibit "A ". ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Schedule of Deliverables ", attached hereto as Exhibit `B ". On or before August 1, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenas(asfwmd.gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress.of the project. Agreement No. DG061169, Page 3 of 9 16C15 ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in Agreement No. DG061169, Page 4 of 9 the best interest of the 16 5 e District. Any such termination shall be effected b of a Y Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 -- RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. DG061169, Page 5 of 9 16C15 ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2006. 8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2006 addressing the following issues: (1) accounting of reclaimed water usage and method used Agreement No. DG061169, Page 6 of 9 (meters, etc.); (2) all rates and charges for reclaimed water; 3 the status oln 1 nCtJg public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August 1, 2006. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. DG061169, Page 7 of 16 _5 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. Agreement No. DG061169, Page 8 of 9 EXHIBIT A 16CI STATEMENT OF WORK Collier County Reclaimed Water ASR Brief Proiect Description: Collier County has identified the need for storage of reclaimed water in order to expand and maximize the effectiveness of the County's existing reuse program. ASR provides the most cost - effective means to achieve these storage objectives for reclaimed water. Even with the extensive reuse program that Collier County has, during rainy periods when irrigation demand is low, excess reclaimed water must be disposed of using deep injection wells. However, with adequate seasonal storage reclaimed water can be used much more effectively; reducing irrigation withdrawals from surface or groundwater systems during critical dry season periods and reducing loss of valuable freshwater resources. The full scale project involves construction of five (5) reclaimed water ASR wells and associated facilities. The associated facilities include pumping equipment and pretreatment equipment to make the reclaimed water suitable for storage within an aquifer designated an Underground Source of Drinking Water (USDW). The first phase of the project is to construct one pilot ASR well and two monitor wells and the required treatment and pumping equipment. It is anticipated that upon completion, the proposed well would accept and recover water at a rate of about 1.0 MGD. Injection would occur over a 90 to 120 -day period during the wet season, or whenever excess water was available. Recovery would take place on an as- needed basis to increase dry season reclaimed water flows to County reuse customers. The principal goals of the project are to: • Increase availability of reclaimed water, • Decrease the loss of reclaimed water using traditional disposal methods, and • Reduce dependence on freshwater aquifers to meet dry season demands On successful completion and operation of the first ASR well, four additional reclaimed water ASR wells will be constructed at the site. Exhibit "A" to Agreement No. DG061169, Page 1 of 1 1615 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections and.373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Lo Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) S D Procurement Approved: r .L BY Ci -r�r' Cl _'l,F i .0 1 Date: /C /'//is " I SFWMD1Officice-+of Counsel Approved: By: y J- Q� I�"� -�+�c Datet� A A .: D LZRO (SM Recipient's Legal Name: The Board of County Commissioners of Collier County, FL Attest ir'sW s By Authorized Official: Fred W. Coyle f1a}4 1 ' .: Title: Chairman Date: November 1. 2005 Agreement No. DG061169, Page 9 of 9 i i�;r,15 EXHIBIT `B" SCHEDULE OF DELIVERABLES Total payment by the District to Collier County PUED shall not exceed the amount of $500,000.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1, 2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emails, memos, and letters. Task No. Deliverable(s) Invoice Date Report Due Date District Not - To- Exceed Payment 1 Status Report N/A December 1, 2005 N/A 2 Status Report N/A February 1, 2006 N/A 3 Status Report N/A April 1, 2006 N/A 4 Status Report N/A June 1, 2006 N/A 5 Installation of ASR well August 1, 2006 N/A $500,000.00 6 Annual Status Report N/A September 30, 2006 N/A TOTAL SFWMD PAYMENT $500,000.00 Exhibit "B" to Agreement No. DG061169, Page 1 of 1 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2006 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 16C75 Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "C" to Agreement No. DG061169, Page 1 of 1 Type of Alternative Water Supply Quantity of Water Made Available (MGD ) Upon Completion of This Phase Construction Duration Proposed Actual Start Finish Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "C" to Agreement No. DG061169, Page 1 of 1 m> MEMORANDUM Date: November 17, 2005 To: Richard Cannyn Project Manager, PUED From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A South Florida Water Management District Local Government Agreement No. DG061168 Enclosed please find a copy of the document as referenced above, (Agenda Item #1606), approved by the Board of County Commissioners on Tuesday, November 15, 2005 Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR 16 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the �>nt;nn of the Chai —We cionnhire craw a line thrnuuh rnutinp lines #1 through #4. complete the checklist, and forward to Sue Filson (line #5). �.. »............. - - - - - - - - -- Route to Addressee(s) (List in routing order) - - -- Office Initials Date 1. I Agenda Item Number / 6 C 2. m ,I • o # o 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original 4. _ X`4 C7 'V ' f� C..,. Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Contact y� !l TC ff IVV C/-7�-.1. o✓ Phone Number 2- – 5 3E 6 Z Ida Agenda Date Item was I Agenda Item Number / 6 C Approved b the B CC m ,I • o # o Type of Document signed by the Chairman, with the exception of most letters, must be reviewed and signed Number of Original Attached _ X`4 C7 'V ' f� C..,. Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is i Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 7 All handwritten strike - through and revisions have been initialed by the County Attorney's I Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain �t time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Ms. Alicia Abbott Collier County PUED j301 East Tar t ida. H \lapies, FL 3.r'' .? Dear Ms. Abbott: subject: Contract # DG061168 PELICAN BAY CONVERSION TO RECLAIMED WATER STORAGE & RE- PUMP -PHASE I /RECLAIMED WATER MAIN RADIO ROAD TO DAVIS BOULEVARD IEiclosed are two (2) copies of the subject document. Please have them signed by an ncryividual with signature authority on behalf of your organization, and include ccumentation to demonstrate official delegation of signature authority up to the ccntract monetary limits. ?aragraphs 4.3, 4.4, 4.5, 8.9 and 8.10 have been added to the contract since the request for projects was sent out. The date in paragraphs 4.1, 8.8 and 8.11 has been changed from July 1, 2006 to August 1, 2006. Please return both copies to my attention s soon as possible, but no later than November 30, 2005. Since the contract terminates on September 30, 2006, the executed documents need to be returned to my attention as soon as possible. If the contracts cannot be executed and returned by November 30, 2005, please notify me promptly via email or fax. A fully signed accument will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties ai,:il it is approved by the appropriate level of authority within the District and executed -)v both parties. /c:r cooperation and timely response will be greatly appreciated. Should there be any - - stions, or if you require any additional information, please contact me. _;,;cerely, 16-, nadette Harrison tract Specialist cerement Department -.,-Fiso@sfwmd.gov 682 -6378 682 -5587 (fax) - _m �;gsures Nestor Garrido, MSC 4360 �� nn.irt 1 _ ! 1: 1 1 il .' I ui ..,•'nip _ . SOUTH FLORIDA WATER MANAGEMENT DISTRICT 16C16 I :wI LIh No, Id, r,,,,,, read,, I Iona, ,,40(, • (5h1) o86 -8800 Fl_ 4 lilmn4 - A_idi, —• PO &ix 24(,,(x, %Ve,t Pw,ich, Fl_ )410 -4(,80 v, m&-o, October 19, W05 T �� ` �rZ Ms. Alicia Abbott Collier County PUED j301 East Tar t ida. H \lapies, FL 3.r'' .? Dear Ms. Abbott: subject: Contract # DG061168 PELICAN BAY CONVERSION TO RECLAIMED WATER STORAGE & RE- PUMP -PHASE I /RECLAIMED WATER MAIN RADIO ROAD TO DAVIS BOULEVARD IEiclosed are two (2) copies of the subject document. Please have them signed by an ncryividual with signature authority on behalf of your organization, and include ccumentation to demonstrate official delegation of signature authority up to the ccntract monetary limits. ?aragraphs 4.3, 4.4, 4.5, 8.9 and 8.10 have been added to the contract since the request for projects was sent out. The date in paragraphs 4.1, 8.8 and 8.11 has been changed from July 1, 2006 to August 1, 2006. Please return both copies to my attention s soon as possible, but no later than November 30, 2005. Since the contract terminates on September 30, 2006, the executed documents need to be returned to my attention as soon as possible. If the contracts cannot be executed and returned by November 30, 2005, please notify me promptly via email or fax. A fully signed accument will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties ai,:il it is approved by the appropriate level of authority within the District and executed -)v both parties. /c:r cooperation and timely response will be greatly appreciated. Should there be any - - stions, or if you require any additional information, please contact me. _;,;cerely, 16-, nadette Harrison tract Specialist cerement Department -.,-Fiso@sfwmd.gov 682 -6378 682 -5587 (fax) - _m �;gsures Nestor Garrido, MSC 4360 �� nn.irt 1 _ ! 1: 1 1 il .' I ui ..,•'nip _ . a SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2005 - 2006 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County PUED Recipient's Project Manager: Alicia Abbott Address: 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Telephone No: (239) 530 -5344 Fax No: (239) 530 -5378 SFWMD Project Manager: Nestor Garrido Telephone No.: (561) 682 -6908 Fax No.: (561) 681 -6264 Contract Specialist: Bernadette Harrison Telephone No.: (561) 682 -6378 Fax No.: (561) 682 -5587 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 Insurance: Not Applicable Federal Employer Identification Number: 21- 07019995 Project Title: Collier County PUED - AWS FY2006 :005' Description: Pelican Bay Conversion to Reclaimed Water Storage & Re -pump - Phase I/Reclaimed Water Main Radio Road to Davis Boulevard Agreement No. DG061168, Page 1 of 9 This Agreement is entered into between "the Parties," the South Florida Watery ana e1n6 District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all Funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Schedule of Deliverables Exhibit C Reporting Form ARTICLE 2 — TERM OF THE AGREEMENT �. l The period of performance of this Agreement shall commence on the last date of execution of this Agreement, and shall terminate on the date noted on the first page of this Agreement. The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION ;.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, Agreement No. DG061168, Page 2 of 9 16C16 including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the project. District funds shall only be used for the construction activities described in Exhibit "A ". ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Schedule of Deliverables ", attached hereto as Exhibit `B ". On or before August 1, 2006, the Recipient shall provide a completed Reporting Form, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable, the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Specialist at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3. Upon completion of the project, any data that was generated during the performance of the project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. The data will be archived in the District's permanent database and available to the public. Please contact Anthony Larenas at (561) 682 -2643, alarenas(a),sfwmd.gov or Emily Richardson (561) 682 -6824, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress,of the project. Agreement No. DG061168, Page 3 of 9 16C16 ARTICLE 5 — CONTRACT MANAGEMENT � 11 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. . � All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5-3) Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this 1greement may be terminated by the District in accordance with this clause in whole, or rom time to time in part, whenever the District shall determine that such termination is in Agreement No. DG061168, Page 4 of 9 the best interest of the District. Any such termination shall be effected d Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Project Proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: (a) Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. (b) Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. (c) Extended Availability of Records for Legal Disputes In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. (d) Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. DG061168, Page 5 of 9 16C16 ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. S.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this project. A Recipient who operates a public water supply utility shall, by June 1, 2006 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 1, 2006. '.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2006 addressing the following issues: (1) accounting of reclaimed water usage and method used Agreement No. DG061168, Page 6 of 11 (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status o i 169 public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the project, the Recipient shall continuously operate the project as described in the project proposal and consistent with the applicable water use permit(s). In the event the project is not operated in accordance with these requirements, the District may cease funding for this project and any future projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2006. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project, and shall provide the District with a copy of such public education program on or before August 1, 2006. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. DG061168, Page 7 of 9 16CIA 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11 — GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 113 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by 1 aw. 1 1. This Agreement may be amended only with the written approval of the Parties. .0 This Agreement states that all publicity /public awareness media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. Agreement No. DG061168, Page 8 of 9 16C16 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections auX373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Frank Hayden, Procurement Director Date: (Project shall start upon execution date of this Agreement.) SFWMD Procurement Approved: Date: �c By:_ f "�•' SFWMD Office of Counsel Approved: By: AT=. -: Attas. as ,t Chai maa'i signa ur.e'only Date: 4"-A� W. G Recipient's Legal Name: The Board of County Commissioners of Collier County, FL By Authorized Official: Fred W. Coyle Title: Chairman Date: November 1, 2005 Agreement No. DG061168, Page 9 of 9 16CI6 EXHIBIT "A" STATEMENT OF WORK Collier County Pelican Bay WWTP Conversion to Reclaimed Water Storage and Repump Phase I Brief Proiect Description: 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. Project Description 1. Project Background — Pelican Bay WWTP Conversion to Reclaimed Water Storage and Repump Phase I The existing Pelican Bay WWTP includes an influent pump station, and oxidation ditch, traveling bridge filters, chlorine contact tank, effluent pumping and storage, and sludge digestion facilities. The Pelican Bay WWTP was used until the Year 2001 to supplement treatment capacity of the North Regional Water Reclamation Facility ( NRWRF) during peak seasons. Since the NRWRF was expanded in November 2001, the Pelican Bay facility has functioned as a storage and pumping node on the County's reuse distribution system. Based on current and planned NRWRF capacity, there is no projected need for Pelican Bay WWTP to provide wastewater treatment. Therefore, the County's intent is to decommission the Pelican Bay WWTP and convert a portion of its facilities to expand the onsite reclaimed water storage and pumping facilities. The facility has an existing 1- million - gallon oxidation ditch that the County plans to convert to reclaimed water storage. This will involve the removal of aeration and other internal equipment and covering the tank. There is also a 1.7- million- gallon lagoon present on the site that the County plans on re- lining and using for reclaimed water storage. The facility also has an existing 2.5- million - gallon reclaimed water storage tank and reclaimed water pump station, making it an ideal site for a reclaimed water storage and pumping facility. Exhibit "A" to Agreement No. DG061168, Page 1 of 2 16('16 Collier County — Radio Road to Davis Boulevard Reclaimed Water Main Brief Proiect Description: 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. Project Description 2. Project Background — Davis Boulevard to Radio Road Reclaimed Water Main Collier County reused approximately 5 billion gallons of treated wastewater last year (2004). The majority of the water is used by commercial and residential users for irrigation. Collier County also uses reclaimed water for irrigation at various parks and roadway medians. A small portion of the reclaimed water is used for environmental mitigation. The reclaimed water system is made up of over 50 miles of distribution piping, 130 million gallons of wet weather storage, two deep injection wells, and six large pumping stations. The County serves two reclaimed water service areas referred to as the South and North service areas. The South service area is primarily served by effluent from the South County Water Reclamation Facility (WRF) and the North service area is served by the North County WRF. The main issue Collier County's reclaimed water program faces is wet weather storage. The Davis Boulevard to Radio Road reclaimed water main will allow additional reclaimed water to be transferred between the north and south service areas, as needed. Exhibit "A" to Agreement No. DG061168, Page 2 of 2 16C16 EXHIBIT "B" SCHEDULE OF DELIVERABLES Total payment by the District to Collier County PUED shall not exceed the amount of $720,000.00. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Invoices for completed deliverables shall be submitted to the District for payment by April 1, 2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006. Reports will provide detail on progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District project manager and the Recipient, and could include emails, memos, and letters. Task Deliverable(s) Invoice Report Due Date District Not - No. Date To- Exceed Payment 1 Status Report N/A December 1, 2005 N/A 2 Status Report N/A February 1, 2006 N/A 3 Conversion of a portion of the August 1, 2006 N/A $300,000.00 facility to reclaimed water storage and re -pump 4 Status Report N/A April 1, 2006 N/A 5 I Status Report N/A June 1, 2006 N/A 6 Construction 1 of a reclaimed August 1, 2006 N/A $420,000.00 water main from Radio Rd. to Davis Blvd. 7 f i Annual Status Report N/A September 30, 2006 N/A i TOTAL SFWMD PAYMENT $720,000.00 Exhibit "B" to Agreement No. DG061168, Page 1 of 1 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2006 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 16C16 Cost for this Phase Type of Alternative Water Quantity of Water Made Available MGD Upon Completion of This Phase Construction Duration Supply Proposed Actual Start Finish $ $ Local funds $ $ Cost for this Phase Proposed Actual Total Construction Cost — This Phase 1 $ $ Funding for this Phase District funding this phase $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available To the best of my knowledge, the above information is correct Project Manager Exhibit "C" to Agreement No. DG061168, Page 1 of 1 16D3 MEMORANDUM DATE: February 3, 2006 TO: Kelsey Ward, Contract Administration Manager Purchasing Department FROM: Heidi R. Rockhold Minutes and Records RE: Agreement: "Child Advocacy Agreement" Contractor: Collier County Child Advocacy Council d /b /a Child Protection Team Enclosed please find three (3) originals of the document, as referenced above (Agenda Item #16D3), approved by the Board of County Commissioners on November 15, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures ITEM NO.: (i [IWE RECEIVED: FILE NO.: A�TORND 16 3 ROUTED TO: Flo J PAC QQ 3 7 3 Z0�6 JAN 21 P �� 12 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 10, 2006 To: Office of the County Attorney Attention: Robert Zachary From: Kelsey ard Contract Administration Manager - y 9 Purchasing Department, Extension 8949 Support Services Division Re: Agreement: "Child Advocacy Agreement" Contractor: Collier County Child Advocacy Council dba Child Protection Team BACKGROUND OF REQUEST: This contract was approved by the BCC on November 15, 2005; Agenda Item 16(D)3. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cc: Terri Daniels, Human Services G L- l2jvZ �L-(-D6 16D3 MEMORANDUM a TO: Sheree Mediavilla Risk Management Department FROM: Kelsey Ward, Contract Administration Manager � ry Purchasing Department DATE RECEIVED DATE: January 10, 2006 JAN 1 1 2006 RE: Review of Insurance for: Child Advocacy Agreement RISK WMEMENY Collier County Child Advocacy Council dba Child Protection Team, Contractor This Contract was approved by the BCC on November 15, 2005; Agenda Item 16(D)(3). Please review the Insurance Certificates in this Agreement for the above - referenced contract behind green tab. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. /kw cc: Terri Daniels, Human Services 16D3 AGREEMENT THIS AGREEMENT, made and entered into on this 1st day of September, 2005 by and between Collier County Child Advocacy Council dba Child Protection Team, authorized to do business in the State of Florida whose business address is 1034 6th Avenue North, Naples, Florida 34102, hereinafter called the "Contractor" (or "Consultant ") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter call the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on September 1, 2005, and terminating on August 31, 2006. In the event that additional grant funding becomes available, The County may, at its discretion and with the consent of the Consultant, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Contractor shall provide services in accordance with the terms and conditions of Attachment "A ", hereto attached and made an integral part of this agreement. Additional related services may be provided by the Contractor subject to the issuance of Change Orders as approved in advance by the County. Services provided under this contract may include, but not be limited to, the following: a. Improve supervised visitation services, enhance security and expand visitation center services. b. Increase the ability for child protection services, courts and domestic violence agencies. c. Provide bilingual (English/ Spanish) case manager and bilingual (English/ Spanish) visitation monitor for the underserved population as well as translators for Creole. d. Expand services to regularly scheduled office hours in Immokalee with security for supervised visitation and safe exchanges. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement an estimated total amount of one hundred eighteen thousand eight hundred dollars, ($118,800) based on the reimbursement of allowable expenses incurred. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the 16D3 "Florida Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. The County and Department of Justice, Office on Violence Against Women have agreed that these funds will only be used to fund projects that demonstrate expertise in the area of family violence, provide a sliding scale fee for clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: Collier County Child Advocacy Council dba Child Protection Team 1034 6th Avenue North Naples, Florida 34102 Jacquelyn Stephens, Executive Director Phone: 239 - 263 -8383 Fax: 239 - 263 -7931 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Human Services Department 3301 Tamiami Trail East Bldg. H/211 Naples, Florida 34112 Attn: Barry Williams, Director Phone: 239 - 774 -8154 Fax: 239 - 732 -2638 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 16D3 6. CONDITIONS. a. Special Conditions: The Contractor agrees to comply with the requirements set for in the Notice of Grant Award Special Conditions (Attachment A). b. Compliance with -Local and Federal Rules, Regulations and Laws: During the performance of this agreement, the Contractor agrees to comply with any applicable laws, regulations and orders listed below by reference and incorporated and made a part hereof. The Contractor further agrees to abide by all other applicable laws: i. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. ii. Age Discrimination Acts of 1973. iii. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. iv. Florida Chapter 112 - Concerning conflicts of interest. v. 24 CFR 570, Subpart J - regulations covering standard Grant Administration Procedures. These replace OMB Circular A -102. . vi. OMB Circular A -122 -- Identifies cost principles. vii. OMB CFR part 84 - OMB Codified in the Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Non - Profit Organizations. 7. SUBCONTRACTS. Any work or services subcontracts by the Contractor shall be specifically by written contract or agreements, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the Contractor of any subcontract hereunder, such subcontracts must be submitted by the Contractor to Human Services for its review and approval. Non of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the Contractor or reimbursed by the County without prior written approval of the Human Services Director or his designee. 8. AMENDMENTS. The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County or DOJ guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's designee. 16D3 9. PERMITS: LICENCES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004- 53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 12. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County 16D3 may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 13. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. a. Equal Employment Opportunity Plan requirements: In accordance with Federal regulations, and Assurance No.6 in the Standard Assurances, your organization must comply with the following EEOP requirements set forth in Attachment A, item 2. 14. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor 16D3 shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Human Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Award Special Conditions (Attachment A) 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 1603 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight,: Brock, Cl '; of Courts By ►' Date - a (SgAL)... Jl tas yft 'to Cha i man ' s signature only. First Witness TType /print wittiness nameT Second Witness AV 1,4 9. AArCW,4 TType/ print witness nameT Approved as to form and legal suffi Robert N. Za ary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L� W Chairm n Collier County Child Advocacy Council dba Child Protection Team Ty Rd signature and title Item # Agenda Date 6 C':;te a =3 Rec'd� 16D3 Department of Justice Office on Violence Against Worsen AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2005 -CW -AX -0018 AWARD DATE 09/27/2005 SPECIAL CONDITIONS 20. Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. In accordance with 42 USC 10420, the grantee may not use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic supervision. The grantee may not mandate victims to parent education or other program services. 21. The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable costs to participate in OVW- sponsored technical assistance. Funds designated for OVW- sponsored technical assistance may not be used for any other purpose without prior approval of OVW. Technical assistance includes, but is not limited to, peer - to-peer consultations, focus groups, mentoring site visits, conferences and workshops conducted by OVW- designated technical assistance providers or OVW- designated consultants and contractors. 22. The grantee agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if applicable, the Internal Memorandum of Agreement 23. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars, workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW. To request approval, grantees must submit a letter of request to OVW with a copy of the event's brochure, curriculum and/or agenda, a description of the hosts or trainers, and an estimated breakdown of costs. The letter of request should be submitted to OVW not less than 20 days before registration for the event is due. Approval to attend non -OVW sponsored programs will be given on a case by case basis. 24. Approval of this award does not indicate approval of any consultant rate in excess of 5450 per day. A detailed justification must be submitted to and approved by the OVW Director prior to obligation or expenditure of such funds. From: Christina Phelps At: Brown & Brown Faxla Brown and Brown Inc To: Terri Date: 1/9/2006 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID C7 DATE (MMIDDA -NY) COLLI -s 1 01/09/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 15519 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa FL 33684 -5519 Phone: 813- 226 -1300 Fax:813- 226 -1313 INSURERS AFFORDING COVERAGE NAIC# INSURED i INSURERA Essex Insurance Company NsuRERe Scottsdale Insurance Co 41297 Collier County Child Advocacy INSURER First Corm -- ity iaauzanu Co. Council , 1034 Sixth Avenue North INSUhERLI XL Specialty Insurance Co. Naples FL 34102 INSURER E rnvcOAn=Q THE ROL CIES OF INSURANCE �_ISTED BELOW HAVE BEEN ISGIUED TO T11E INSRRED NAMEC ABOVE FOR THE JL.cv FE , I'll -. TED NOTWrrISANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ANY REGUI REMENT. TERM OR CONDITION OF ANY 1=0NTRA ,-T 'R TITHER DOCUMENT WITH PESPE — ',? wHI .F THIS CEPT H ._A -. E %I r' EE IrSUE--' nR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL MAY PERTAIN. THE INSURANCE AFFORCED BY TH P�LICIF F-FSCRIBED HEREIN S JEjE('T Tn L THE TE�M4 F S1 7d.S =1v1 "Nh G'P 4 is n_ CH _,,.__ CGREGATE I IMI`SSHOWN MA'Y HAVE EFE''I RFDI _� BY H IF _LaLMS REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Naples FL 34112 _.._.- FOLICY I' 7F'FDATEYMMIDDr10N__._.._.._. -_ _ LTR INSRD TYPE OF INSURANCE � POLICY NUMBER DATE (MMIDOM'1 I DATE (MMIDOM'( LIMITS MIDDI GENERAL LIABILITY 300,000 B X MMEG L -,ENFRAL LABII -Ir, OPS0041080 07/01/05 07/01/06 ^E I C E 5,000 VSMACIE I X :� =UR I elE F B X PROH'ESSIONAL $1.000,000/ 10,000 RET 07/01/05 07/01/06 jF - . -F i. R 1,000,000 B X DIRECTORS $1,000,000 /2500 DFFD 07/01/05 07/01/06 ; :E1F, - Pe: r -_ -- 1 1,000,000 u 7E_IMIT -;D LIE =PER ^� c �_. = 11,000,000 - rvL:rYE��T AUTOMOBILE LIABILITY - - ".'BINEG -,IPISLE LIMIT ;E-i asiaert) LuTi B X OPS0041080 07/01/05 07/01/06 B X e OPS0041080 07/01/05 07/01/06 GARAGE LIABILITY dl 1 - - r A Af•Ji _�- - F _. -- EXCESSIUMBRELLA LIABILITY -- - ' - "E I' -' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY -n T _- iVEVEEF .c= E -,I-E- -,E �EMPLTrEE f e _ _ - LIMIT f OTHER A Property Section 1CK1348 06/30/05 06/30/06 BLDG #1 $269,000 BLDG #2 $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is additional insured. rOC --ATC Unl nCO L.Arvcrt I I IUN COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Collier County Government Ctr NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL Human Services Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Barry Williams, Director H/211 3301 Tamiami Trail, Eest Bldg REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Naples FL 34112 Christina J. Phelps ACORD 25 )ZUU11UH) 01/27/2006 11:39 7322638 SOCIALSERVICE PAGE 02/04 FF,a I :CHILD PPATECTlON TERM FPX NO. :239 253 7931 FlOtida W IIKurm I "b" Alb .ranrwr Mace I3r� RO. B- VRR • Lat bud' FL 33RO2 -098" • irw,o r$ro ootx 1eiephow (R53) 6(6 -60W or 1- tiffU -202-7648 - It= (963) Gb6.195R Jwuary 20, 200ti Mr. Steve KiniAger, Finance Director Child protection Team 1034 6th Avenue N. Naples, FL 34102 RE' FRF SIP #520 -29767 ,Dear Mr. IKiMiager. Jan. 26 2006 M:49PM P2 16 -D 3 Board of Truthon W. -ft r X Mdrd. Jr. chaimmnn Somie %r, v n. c &*wa„ �y 5� h1w D. MMWIman 119? (591 1.�3 V Peteoff *�is R- wintr Your workers' tom =wtiOn coverage throwh Fkxida Retail Pedemion Self Inwurw Pond has been changed for dae following reason(s): • Emplultcrs Uability Limits Your Empkryem Liability limits have been changed. Your estimated P=n um has been affea:ted and the changes will he re(kxtted on your not billing statement. Fleaw refer to the Pr=iwn Summary Statements) for policy paW and premium infomatigra. If y(V bave any questions regan ling this information, please eontaet cm Customer Service depu meat at 1400-232 -7648. Thank yo% Summit Miey Adrninisttatitm Department Ruclosure(s) cc: Lutgert Smith I,mheir Insurance - 2428 Mr. lrrieph F Catcaber PRF SIF #520 -29767 1 of l I12()Kl6 01/27/2006 11:39 7322638 SOCIALSERVICE PAGE 03/04 F'RoM :CHILD PROTECTION TEAM FRX NO. :239 263 7931 .Fan. 26 2006 03:49PM Date Prepared I&OUMy 2A, 20% FEIN 6 42 Name of Self Insurers Fund a 'da ebul Ft1er tn_"cif Irtsurerg Name of Member Collier County Gild Advocacy+ C it Inc. DBA:Child Frotectian Team Address 1034 6th Avenueu Naples. PL 3!LQL Account (policy) Number 520 - 29767 Effective Date of Endenserne w Lamar 1, 2006 iN7WM OF ENDORSEMENT (INDICATE ONLY ONE ACTION PER $NDORSEMENT} ( ) Name Change ( ) Address Changc ( ) Deletion (Give DiW*ition) { ) Addition of Named InAured (Give Address) ( ) Addition of Location (Give Nance) ( 7( ) Other Em to W3 Liability Crrve�te Ifirt Il For changes, indicate below the name or address prkir to endonument. Each item on the left must correspond with an item on the right. Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease S100,000 each employee Bodily Injury by Disuse $500,000 policy limit edr a:: Child Protection Team Lutgert Smith Lesher Insumme P316D3 Indicate below the now name or addtnse after the change or the name and add=s of an addition or doletiom For deletions, give dislx)gitiou. Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease 51,000,000 each employee Bodily Injury by Disease $1,000,000 policy limit 01/27/2006 11:39 7322638 SDCIALSERVICE PAGE 04/04 FROM : G i L.1) PROTECTION TEAM FW{ N0. :239 263 7931 CARREM: Florida Retail Federation Self luauters Punt P.O. Box 988 Lakeland, FL 33802 -0988 (863)665 -60M AGE WY: Lutgeut Smith Lesher Insurance- 2428 PHONE NUMBER: (239)162 7171 Jan. 26 2806 W' SWM P4 1603 FLORTDA Team 09 Page l of 1 POrm no. WC 99 04 07 (4/03) ESTIMATED PRF,MiuM SUMMARY ,NT CLIENT: Cbild Protection n Team 1034 6th Avenue N. Napics, FL 34102 Client Nmuber: 520 29767 =)o Palky Ptxbd: 1/01/06 - 1/01/07 12:01 ant Plan: 010 WORK RATING PERIOD U01/W tO 1101/07 COAR CLASS WCATION PAYROLL 8810 CUMICAL NOCIO APTSMEN 490,000.00 9812 DCREASBD E.L 1000/100011000 .00 Tc01 Manual Premiuim Tncreased Ernployu:r Liability Incrd Empl Liab Min Prom ]IRI Drug Free W041ace Cmdlt Experience Mod Standard Premium Expense Constant Terrcorism - Certified Acts "'Plus FRF Membership Thies Policy Grand Total PRO RATA RATE PR1vMIUM 1.000 .58 2,842.00 •OOD 1,.40 .00 2,842.00 39.79 35.21 2,917.00 .00 2,917.00 .95 2,771.15 200.00 _ 147.00 3,118.15 100.00 3,218,15 3,218.15 mwnmuuu Premium: $244.00 TOTAL PREMIr1M L4 Si KOWN ON T19E LAST PAGE OF THE FREN UUM SUMMARY ST&,7g I1r M FRP may aftoeare up to 80% of Yu- does as a c mw6ud r to PRFs 3amu n 527 polkgl RMThiona of JRC I62(s) mg-ding MW daduu igUty ot tobbyitig axp�re,; tarnbw dues, boar. etaeisti n-c Pursuant to Federation Nine zing doduodbk Ibr Pedcral Jac-= Tax ptarpvses (100% Ch R� eWii of U-mber doa ae atibtnahk u, rr ' R} cd F'AAWA21DA Data: Pmpa rcd: 1QQJb6 Tama 1 09-02.26 MON 16E5 MEMORANDUM Date: January 18, 2006 To: Jeff Walker, Director Risk Management Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Pharmacy Benefit Management Services Enclosed please find one (1) original of the document referenced above, Agenda Item #I 6E5, approved by the Board on Tuesday, November 15,2005. If you should have any questions, please feel free to call me at 774- 8411. Thank you. Enclosure 16E5 EXECUTIVE SUMMARY Recommendation to utilize the award for Pharmacy Benefit Management Services as approved by the District School Board of Collier County to Express Scripts, Inc. OBJECTIVE: To receive approval to utilize the award for pharmacy benefit management services as approved by the District School Board of Collier County to Express Scripts, Inc. for the provision of pharmacy benefit management services to the Collier County Group Health Insurance Plan. CONSIDERATION: The Board of Commissioners through the Risk Management Department administers a partially self- funded group health program (the Plan) for its employees and their covered dependents. A significant component of the Plan is coverage for prescription medications. The Plan currently utilizes the services of Express Scripts, Inc. to provide pharmacy benefit management services. These services include the provision of a retail pharmacy network for the distribution of acute and chronic medications and a mail order pharmacy network for chronic medications. The use of Express Scripts enables the county to purchase medications at rates which are significantly below average wholesale rates. In June, 2005 the members of the Collier County Healthcare Consortium (the "CCHCC ") consisting of Collier County Government, the Collier County Sheriff, the District School Board of Collier County, and the NCH Healthcare System issued a joint Request for Proposals. The RFP was released through the purchasing department of the District School Board of Collier County with the Consortium members serving as the selection committee subject to the purchasing requirement of the District School Board of Collier County. Willis Group Holdings, consultant to the Consortium, provided technical assistance to the committee. The goal of the RFP was to leverage the size of the Consortium with its 20,000 covered lives and sizable annual pharmacy expenditure to obtain discounts on the purchase of prescription medications while promoting the transparency of pricing. The selection committee consisted of the following individuals: Collier County BCC: Jeff Walker, CPCU ARM, Director, Risk Management Alice Toppe, Group Insurance Manager NCH Healthcare System: Brian Settle, VP Human Resources Daryl Kilpatrick, Benefits Manager Renee Thigpen, Benefits Analyst CCSO: Carol Golightly, Finance Director Jennifer Frost, Risk Manager District School Board: Allun Hamblett, Executive Director, Human Resources Cynthia Battle, Benefits Manager Linda Thoman, Benefits Coordinator This RFP was distributed to the following vendors on June 16, 2005. Systemed -Medco (via the Florida Health Care Coalition agreement) Express Scripts Caremark Navitus Pharmacare Walgreens Health Initiative 16E5 These vendors were selected to receive the RFP because of their national scope of service, experience in Florida and demonstrated ability to deliver transparent innovative pharmacy services to large public and private employers. Proposals were received on July 18, 2005. Willis performed a detailed financial analysis of the following three principal areas affecting the ultimate cost of a pharmacy benefit program. 1) Fixed administrative fees, dispensing fees and other related administrative expenses if, applicable 2) The cost of more common pharmacy drugs utilized by members of the CCHCC 3) Size and nature of rebates The ranking of the top four proposals in terms of price resulted in the following difference in cost to the Consortium over three years. Firm 3 Year Cost Difference from Top Ranked Firm 1) Caremark 2) Express Scripts Limited Network $206,167 ($68,722 per year) 3) Express Scripts Traditional Network $222,255 ($74,085 per year) 4) Pharmacare $224,970 ($74,990 per year) Given the relative closeness of the price proposals; the current satisfaction among the Consortium members with the services provided by Express Scripts; and the lost productivity and disruption to covered members and the healthcare community which would result from changing vendors, the selection committee concluded that the Express Scripts Traditional Network provides the most favorable financial terms, price and ability to deliver service. The CCHCC estimates that the Express Scripts Traditional Network proposal will result in total savings in excess of $2.7 million to the CCHCC over a three year contract. Of that figure, Collier County Government is expected to save $711,000 over three years with no change in plan design. Total estimated pharmacy expenditures by the Consortium over three years are expected to be $58,112,293. The District School Board approved the award to Express Scripts on October 6, 2005. Each individual CCHCC entity has or will be making similar recommendations to their respective authority for approval. The members of the CCHCC are in the process of reviewing a common contract agreement with Express Scripts to be utilized by each entity. The effective date of this agreement will be January 1, 2006. FISCAL IMPACT: It is estimated that the award to Express Scripts will result in total savings in excess of $2.7 million to the CCHCC over a three year contract. Of that figure, Collier County Government is expected to save $711,000 over three years with no change in current plan design. Funds are budgeted within Fund 517, Group Health and Life, for this purpose. Estimated expenditures for pharmacy benefits in calendar year 2006 are estimated to be $4,392,950. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board utilize or "piggyback" upon the award by the District School Board of Collier County to Express Scripts, Inc. for pharmacy benefit management services, authorizing staff to negotiate a three year contract and authorizing the chairman to execute said contract subject to the approval as to legal sufficiency by the County Attorney's Office. PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management 16E EXPRESS SCRIPTS, INC. PHARMACY BENEFIT MANAGEMENT AGREEMENT THIS PHARMACY BENEFIT MANAGEMENT AGREEMENT ( "Agreement ") shall be effective as of the date set forth in Section 7.1 and is entered into by and between EXPRESS SCRIPTS, INC., a Delaware corporation ( "ESI "), and COLLIER COUNTY GOVERNMENT, organized under the laws of the State of Florida ( "Sponsor ") for the purpose of setting forth the terms on which ESI will provide pharmacy benefit management services to Sponsor. The parties agree as follows: ARTICLE I - DEFINITIONS The following terms shall have the meanings set forth below: "Copayment" means that portion of the charge for each Covered Drug dispensed to the Member that is the responsibility of the Member (e.g., copayment, coinsurance and /or deductible) as indicated on the EBD. "Covered Drug(s)" means those prescription drugs, supplies, Specialty Products (if applicable), and other items that are covered under the Plan, each as indicated on the EBD. "EBD" means a prescription drug benefit summary form ESI has provided to Sponsor which, when completed and approved by Sponsor, will describe the essential features adopted by Sponsor for the prescription drug components of its Plan(s). "Eligibility Files" means the list submitted by Sponsor to ESI in reasonably acceptable on -line, FTP, or electronic format indicating persons eligible for drug benefit coverage services under the Plan. Updates performed manually by ESI on behalf of Sponsor shall be subject to additional charge as set forth in Exhibit A. "ESI Specialty Pharmacy' means CuraScript Pharmacy, Inc. or another pharmacy wholly -owned or operated by ESI or its wholly -owned subsidiaries that primarily dispenses Specialty Products. For purposes of this Agreement, the ESI Specialty Pharmacy is not considered a Mail Service Pharmacy. "Formulary" means the list of FDA - approved prescription drugs and supplies developed by EST's Pharmacy and Therapeutics Committee and /or customized by Sponsor, which is selected and adopted by Sponsor. "HIPAA" shall mean the Health Insurance Portability and Accountability Act of 1996, as amended. "ID Card" means EST's standard single purpose (NCPDP format) printed identification card containing the applicable ESI logo or other mutually acceptable method of identifying ESI as the provider of pharmacy benefit services. "Implementation SOW" means a form completed and signed by Sponsor prior to implementation that contains the material elements of Sponsor's eligibility set -up, including processing fields, indemnity and termination rules, file layout and alternative ID numbers, etc. "Mail Service Pharmacy' means a duly licensed pharmacy operated by ESI or its subsidiaries, other than ESI Specialty Pharmacy, where the prescriptions are filled and delivered to Members via USPS or other mail delivery service. "Manufacturer Administrative Fees" means those administrative fees paid by pharmaceutical manufacturers to, or otherwise retained by, ESI pursuant to a contract between ESI and the manufacturer and directly in connection with EST's administering, invoicing, allocating and collecting the Rebates under the Rebate program. 109283v2 1 16E5 "Member" means each person who is eligible, as determined solely by Sponsor, to receive prescription drug benefits as indicated in the Eligibility Files. "Member Submitted Claim" means (a) a paper claim submitted by a Member for Covered Drugs dispensed by a pharmacy other than a Participating Pharmacy; (b) a paper claim submitted by a Member for Covered Drugs for which the Member paid cash; or (c) subrogation claims submitted by the United States or any state under Medicaid or similar government health care programs. "Participating Pharmacy" means any licensed retail pharmacy with which ESI has executed an agreement to provide Covered Drugs to Members. "Pharmacy' or "Pharmacies" refers from time to time to any or all of Participating Pharmacies, Mail Service Pharmacy, or ESI Specialty Pharmacy, as the context of the provision dictates. "Plan" means Sponsor's welfare benefit plan(s) that contains a prescription drug benefit. "Prescription Drug Claim" means a Member Submitted Claim or claim for payment submitted to ESI by a Pharmacy as a result of dispensing Covered Drugs to a Member. "Protected Health Information" or "PHI" shall have the meaning ascribed to it under HIPAA. "Rebates" means retrospective rebates that are paid to ESI, or otherwise retained by ESI, pursuant to the terms of a rebate contract negotiated independently by ESI with a pharmaceutical manufacturer, and directly attributable to the utilization of certain pharmaceuticals by Members. Rebates do not include administrative fees paid by pharmaceutical manufacturers to ESI, or product discounts or similar remuneration received by subsidiary pharmacies of ESI. "Specialty Products" means those biotech or injectable prescription drug products requiring special handling and Member services, including, but not limited to, those Specialty Products listed in the Specialty Product section of Exhibit A (as that list is periodically modified in accordance with Exhibit A from time to time). "UM Company' means an independent, third party utilization management company with which ESI contracts to provide appeal services at Sponsor's option, as further described in Section 3.2(d). ARTICLE II - ESTABLISHMENT OF THE PRESCRIPTION DRUG PROGRAM 2.1 Exclusivity. Sponsor shall use ESI as the exclusive provider of pharmacy benefit management services for all of its self- funded welfare benefit Plans offering a prescription benefit, including, but not limited to, pharmacy network management, claims processing, Mail Service Pharmacy, Specialty Products, Formulary development and Rebate management. Pharmacy reimbursement rates, administrative fees and Rebates are conditioned on ESI's exclusive status hereunder. Subject to Exhibits A and B, ESI shall have the right to make equitable modifications to the reimbursement rates, administrative fees and /or Rebates, as appropriate to the extent Sponsor elects to use on -site clinics or pharmacies to dispense prescription drugs to Members and such use materially reduces (a) Rebates generated by Sponsor hereunder, (b) the number of Covered Drug claims submitted on -line, and /or (c) Formulary compliance. 2.2 Eligibility /Set Up. (a) ESI shall implement the Eligibility Files and Sponsor's set up in accordance with the Implementation SOW. Any changes to the Implementation SOW must be documented on ESI's form of amendment to Implementation SOW and signed by Sponsor prior to the effective date of these changes. ESI shall provide Sponsor, via on -line or other agreed upon medium, load summary reports detailing Eligibility File Statistics after each eligibility load. Sponsor shall be responsible for validating eligibility 109283v2 2 16E5 loads and correcting rejected, erred and termed by absence Member records. Clean changes only files shall be loaded within an average of two (2) business days. The timing of loading full Eligibility Files will be determined upon consultation with Sponsor. Sponsor shall provide full Eligibility Files for term by absence reconciliation and authorize ESI to apply the terminations or otherwise agree to provide termination dates for all ineligible Members. ESI shall not be responsible for Prescription Drug Claims for retroactively termed Members. Sponsor shall be responsible for all Prescription Drug Claims during the period of the Member's eligibility as indicated on the Eligibility File, except in the event of ESI's negligence. (b) Prior to the provision of any services under this Agreement, Sponsor will submit a completed EBD certifying that the EBD accurately depicts the pharmacy benefit provisions of the Plan. Sponsor is solely responsible for timely communication of the terms of and changes to the Plan to its Members prior to the effective date of such provisions. Sponsor shall notify ESI in the event of change to benefit design features of the Plan after initial setup, including but not limited to changes in Copayments, Covered Drugs, or prior authorization requirements in writing, via ESI's standard benefit change forms. ARTICLE III - PBM SERVICES 3.1 Pharmacy Services. (a) Participating Pharmacies. ESI shall maintain a network of Participating Pharmacies to serve Members. ESI will make available an updated list of Participating Pharmacies in such network(s) on -line. Each Participating Pharmacy is required to verify the Member's eligibility through ESI's on -line claims processing system. ESI shall direct Participating Pharmacies to charge and collect the applicable Copayment from Members for each Covered Drug dispensed; provided, a Member's Copayment charged for a Covered Drug shall be the lesser of the applicable Copayment or the U &C. (i) Requirements for Participation. ESI shall require each Participating Pharmacy to meet ESI's participation requirements, including but not limited to licensure, insurance and provider agreement requirements. ESI does not direct or exercise any control over the professional judgment exercised by any pharmacist in dispensing prescriptions or otherwise providing pharmaceutical related services at a Participating Pharmacy. Participating Pharmacies are independent contractors of ESI, and ESI shall have no liability to Sponsor, any Member or any other person or entity for any act or omission of any Participating Pharmacy or its agents or employees. (ii) Audits of Participating Pharmacies. ESI shall audit Participating Pharmacies to determine compliance with their provider agreements with ESI. The audit may be conducted by ESI's internal auditors or its outside auditors, and at the pharmacy or at ESI by a review of electronically transmitted claims in accordance with ESI pharmacy audit protocols. ESI shall attempt recovery of identified overpayments through offset, demand or other reasonable means. To compensate ESI for the cost of conducting such audits, ESI shall retain an audit fee in the amount set forth in Exhibit A from any recovered overpayment attributable to a Plan detected in the audit. Any balance of recovered overpayments will be paid to Sponsor. (iii) ESI maintains multiple networks, and periodically consolidates networks, or migrates clients to other networks, in order to capitalize on certain operational efficiencies and other benefits associated with a streamlined network offering. Existing networks may fluctuate from time to time. Sponsor acknowledges and consents to the same, provided that Member access is not materially disrupted as a result of such fluctuations, consolidations or transitions. ESI will notify Sponsor of any changes that would materially adversely affect Member access to Participating Pharmacies and work with Sponsor in good faith to mitigate any such affects. (b) Mail Service Pharmacy. Members may have prescriptions filled through the Mail Service Pharmacy. Subject to applicable law, ESI may communicate with Members regarding benefit design, cost savings, availability and use of the Mail Service Pharmacy, as well as provide supporting services. If the (09283v2 16E5 prescription and applicable law do not prohibit substitution of a generic drug equivalent, to the prescribed drug, or if the Mail Service Pharmacy obtains the consent of the prescriber, the Mail Service Pharmacy shall dispense the generic drug substitute to the Member. The Mail Service Pharmacy shall charge and collect from Members the applicable Copayments and /or Deductibles prior to the Covered Drug being dispensed. (c) Specialty Products. Members may have Specialty Products filled through ESI Specialty Pharmacy and/or Participating Pharmacies as described on Exhibit A. (d) Pharmacy Help Desk. ESI will provide 24 -hours a day, 7 -days a week toll -free telephone support and Internet site to assist Pharmacies with Member eligibility verification and questions regarding reimbursement, Covered Drug benefits under the Plan or other related concerns. 3.2 Claims Processing. (a) On -Line Claims Processing. ESI will perform claims processing services for Covered Drugs dispensed by a Pharmacy. Such services include (i) verifying eligibility; (ii) performing DUR; (iii) calculating benefits in accordance with the EBD; (iv) enabling Pharmacies and physicians to verify eligibility, Formulary, utilization history and benefit design; and (v) adjudicating the claims. Sponsor or its third party designee (as applicable) shall have the final responsibility for all decisions with respect to coverage of a Prescription Drug Claim and the benefits allowable under the Plan, including determining whether any rejected or disputed claim shall be allowed. (b) Member Submitted Claims. If provided on the EBD, ESI shall process Member Submitted Claims. The Member (or Medicaid agency, as the case may be) shall be responsible for submitting such claims directly to ESI on a form provided by ESI within the time period set forth on the EBD. ESI shall reimburse such Member or agency on behalf of Sponsor, the lesser of the amount invoiced or the amount ESI would have reimbursed the applicable Member for such claim in accordance with the applicable EBD. (c) Prior Authorization. Subject to Section 3.2(d), and for the fees set forth on Exhibit A (if applicable), ESI shall provide prior authorization ( "PA ") services as specified and directed by Sponsor for drugs designated on the EBD. Prior authorized drugs must meet Sponsor- approved guidelines ( "Guidelines ") before they are deemed to be Covered Drugs. Sponsor authorizes coverage for an otherwise excluded use in the event of co- morbidities, complications and other factors not otherwise expressly set forth in the Guidelines, unless Sponsor directs that Sponsor be provided such issue for determination. Sponsor acknowledges that PA programs are based on objective criteria and the limited amount of patient information available to ESI. In determining whether to authorize coverage of such drug under the PA Program, ESI shall apply only the Guidelines and may rely entirely upon information about the Member and the diagnosis of the Member's condition provided to it from sources deemed reliable to ESI. ESI shall not undertake, and is not required hereunder, to determine medical necessity to make diagnoses or substitute ESI's judgment for the professional judgment and responsibility of the physician. (d) Claims for Benefits. (i) Processing. ESI agrees that if Sponsor is subject to Employee Retirement Income Security Act, as amended, the processing of initial "claims for benefits" for Member Submitted Claims and PA requests shall be conducted in a manner consistent with the requirements for claim processing set forth in 29 CFR Part 2560 (as published in the Federal Register, November 21, 2000), except that Sponsor shall be responsible for ensuring compliance with any aspect of the requirements relating to functions performed or materials prepared by Sponsor or any other third party. (ii) Appeals. ESI will not conduct any appeals of denied "claims for benefits." If Sponsor does not desire to conduct appeals itself, Sponsor may elect to have ESI facilitate appeals through the UM Company (for as long as ESI has a contract with a UM Company) for the 109283v2 4 16E5 fees set forth in Exhibit A. ESI will route to UM Company Member appeals properly sent to EST's designated address. The UM Company will be responsible for conducting the appeal on behalf of Sponsor in accordance with applicable law, and if an appeal is denied, the UM Company will be responsible for sending a denial letter to the Member in accordance with applicable law. Sponsor acknowledges and agrees that: (A) the UM Company, and not ESI, will be conducting appeals on behalf of Sponsor; (B) the UM Company is an independent contractor of ESI, and ESI does not in any way control or direct the UM Company with respect to appeals conducted by the UM Company; (C) ESI is not acting as a fiduciary in connection with the appeals being conducted by the UM Company, and ESI shall not be named by Sponsor as a fiduciary in connection with such appeals; (D) ESI shall not be responsible for overseeing the UM Company's appeal process (except that ESI shall require the UM Company to contractually agree that it will conduct appeals in accordance with applicable law and Sponsor's plan), and ESI shall not be liable for any injury or damages arising as a result of the UM Company's negligence or otherwise; (E) the UM Company shall have full authority and full discretion to conduct appeals for which it has been designated by Sponsor and shall have full authority and full discretion to interpret the terms of Sponsor's plan with respect to those appeals and to make all findings of fact with respect to those appeals and the UM Company's determination on appeal shall be final and legally binding on all parties; and (F) Sponsor will forward to the UM Company all relevant plan language necessary for the UM Company to conduct appeals. (e) Drug Utilization Review (DUR). ESI shall perform a standard concurrent DUR analysis of each prescription submitted for processing on -line by a Pharmacy in order to assist the dispensing pharmacist and prescribing physician in identifying potential drug interactions, incorrect prescriptions or dosages, and certain other circumstances that may be indicative of inappropriate prescription drug usage. ESI's DUR processes are not intended to substitute for the professional judgment of the prescriber, the dispensing pharmacist or any other health care professional providing services to the Member. ESI will not be liable for any damages arising from the use, or lack of use of the DUR process by Pharmacies or physicians, except that ESI shall be responsible for proper maintenance and updates of the DUR system and processes. Nothing in this Section shall operate to relieve ESI of the customary professional obligations of the dispensing pharmacists at its Mail Service Pharmacy or CuraScript. (f) Call Center. ESI will provide 24 -hours a day, 7 -days a week toll -free telephone, IVR and Internet support to assist Sponsor, Sponsor's agents and Members with Member eligibility and benefits verification, location of Pharmacies or other related Member concerns. 3.3 Formulary Support and Rebate Management. (a) Clinical Programs. Subject to applicable law and the terms of the Business Associate Agreement between the parties, ESI may inform Pharmacies, Members and physicians regarding therapeutic substitution opportunities for both preferred brand and generic drugs. In addition, upon written election of Sponsor, ESI may provide clinical programs identified on Exhibit A, or such other programs as ESI may introduce from time to time, some of which may require payment of additional fees. ESI is expressly permitted to contact Members, Members' physicians, Sponsor case managers and Pharmacies to perform the services provided by ESI hereunder. (b) Rebate Program. ESI will pay to Sponsor the amounts set forth on Exhibit B. 3.4 Program Operations. Subject to the terms of the Business Association Agreement: (a) Program Reporting. ESI shall make available to Sponsor ESI's on -line standard management information reporting applications. At the request of Sponsor, ESI (or its wholly -owned subsidiaries) may develop special reporting packages at ESI's standard hourly rate for such services, as set forth in Exhibit A. (b) Claims Data Feeds. Upon Sponsor's written request, ESI shall provide regular prescription claims data in ESI's standard format(s) for no additional charge to Sponsor's Vendors lo9zs3v2 16E5 ( "Vendors ") for disease management, flexible savings account and other "payment," "treatment" and "healthcare operations" purposes (as defined under HIPAA). ESI maintains claims data in a data warehouse for up to twenty -seven (27) months from the date the prescription is filled. Requests for retrieval of data beyond twenty -seven (27) months is subject to the hourly charge as set forth in Exhibit A. ESI disclaims any liability or responsibility related to the disclosure to, and use of such claims data by, any such vendor. (c) De- Identified Claims Data. Sponsor grants ESI permission to use both during and after the term of this Agreement and /or transfer to third parties the anonymized PHI (de- identified in accordance with HIPAA) drug and related medical data collected by ESI or provided to ESI by Sponsor for research, provider profiling and other databases for benchmarking, drug trend, cost analyses, cost comparisons or other business purposes of ESI. ESI shall retain full ownership rights over all compilations, analyses and reports prepared by ESI other than those reports prepared specifically for Sponsor under this Agreement. Other than as necessary for Rebate filing, ESI does not transfer any claims data to pharmaceutical manufacturers. (d) Claims Data Retention. ESI will maintain Sponsor's claims data supporting invoices for Covered Drugs adjudicated by ESI during the term of this Agreement for a period of twenty -four (24) months in their original forms, and thereafter on microfilm, microfiche or other form determined by ESI for an additional five (5) years. ESI shall use reasonable efforts to cooperate with Sponsor for purposes of meeting Sponsor's retention obligations under applicable law; provided that after expiration of the retention period, ESI shall dispose of such data in accordance with its standard policies and practices and applicable state and federal law. (e) Sponsor Audits. Provided that this Agreement has been duly executed by Sponsor and Sponsor's account does not reflect a delinquent balance at the commencement of or during an audit, Sponsor may audit the prescription management services provided under this Agreement consistent with the Audit Protocol set forth in Exhibit C once per twelve (12) month period. Sponsor shall bear its own costs associated with any audit. Except as otherwise provided in Exhibit C, audit materials and documentation provided by ESI will be limited to Sponsor- specific information. Contractual information (e.g., reimbursement rates, fees and acquisition costs) concerning Pharmacies and other providers of products and services, which is proprietary and confidential to ESI, will not be disclosed to Sponsor or Auditor. Sponsor may use an independent auditor ( "Auditor"), so long as such auditor does not have a conflict of interest with ESI, (e.g., Auditor serves as expert witness in litigation against ESI). If Sponsor selects an Auditor that also has been appointed by ESI's shareholders to conduct the independent audit of ESI, then such firm must provide to ESI a letter stating that such engagement performed on behalf of Sponsor shall in no way infringe upon said firm's independence with respect to ESI's audit. Such letter must be signed by the audit firm and approved by the engagement audit partner performing the ESI audit. Auditors must execute a mutually acceptable standard confidentiality agreement with ESI prior to commencement of the audit. Any requests by Sponsor to permit an Auditor to perform an audit shall constitute Sponsor's direction and authorization to ESI to disclose PHI to the Auditor. 3.5 Liability Insurance. Each party shall maintain such policies of general liability, professional liability and other insurance of the types and in amounts customarily carried by their respective businesses. Proof of such insurance shall be available upon request. ESI agrees, at its sole expense, to maintain during the term of this Agreement or any renewal hereof, commercial general liability insurance, pharmacists professional liability insurance and managed care liability with limits, excess of a self- insured retention, in amounts of not less than $2,500,000 per occurrence, and in the aggregate. ESI does not maintain liability insurance on behalf of any Participating Pharmacy, but does contractually require such pharmacies to maintain a minimum amount of commercial liability insurance or, when deemed acceptable by ESI, to have in place a self- insurance program. 3.6 Performance Standards. ESI will conform to the performance standards set forth on Exhibit F hereto. The payments set forth in Exhibit F shall be Sponsor's sole monetary remedy for any failure by ESI to meet a performance standard. 109283v2 6 16E5 ARTICLE IV - FEES; BILLING AND PAYMENT 4.1 Billing and Payments. (a) Billing. ESI will bill Sponsor twice per month for all applicable claims reimbursements and fees and other amounts due hereunder as specified herein and the attached Exhibits (collectively "Fees "). (b) Payment. Sponsor agrees to pay ESI by wire, ACH transfer or pre- authorized debit within two (2) business days from the date of Sponsor's receipt of the ESI invoice. Sponsor shall be responsible for all costs of collection, and agrees to reimburse ESI for such costs and expenses, including reasonable attorneys' fees. If payment is not received by ESI by the due date of the invoice, ESI may impose a late interest charge, applicable from the due date, at the statutory rate permitted by state law. In addition to any rights under Section 7.2, ESI may apply Rebates otherwise owed to Sponsor against any unpaid Fees. If Sponsor disputes any item on an invoice, Sponsor shall state the amount in dispute in writing within thirty (30) days of the date of the invoice. Sponsor shall pay the full amount invoiced and shall notify ESI of the disputed amount. Sponsor and ESI agree to negotiate and make good faith efforts to expeditiously resolve any disputes regarding Fees. (c) Deposit. In the event the (i) Sponsor is delinquent in payment of Fees for two (2) consecutive billing cycles, or (ii) ESI has reasonable grounds for insecurity as to the ability of Sponsor to meet its financial commitments because of Sponsor's published financial data, or state or federal regulatory agency statements, findings or notice, then ESI shall have the sole option to require that the Sponsor provide to ESI a deposit in an amount equal to the average of the last three (3) months of billing history or, if three (3) months billing history is not available, the most recent month of billing history will be the basis. ESI shall retain the deposit until the earlier of (y) termination of this Agreement (following any run -off period), or (z) six (6) consecutive months of timely payments of all Fees following submission of the deposit, and may apply the deposit to unpaid balances of Fees until return of the deposit. (d) Payment by Member for Mail and Specialty Pharmacy Services. Members shall pay their applicable Copayments to ESI prior to the dispensing of a prescription through the Mail Service Pharmacy and ESI Specialty Pharmacy. ESI may suspend Mail Service Pharmacy and /or ESI Specialty Pharmacy services to a Member who is in default of payment of any Copayments owed the applicable pharmacy. (e) Consultant /Broker Arrangements. The terms and conditions concerning any payments to a third party consultant or broker are as set forth in Exhibit G. ARTICLE V — HIPAA; PROPRIETARY INFORMATION 5.1 HIPAA. The parties agree that as relates to use and disclosure of PHI, electronic transaction standards and security of electronic PHI under HIPAA, they are subject to the terms of the Business Associate Agreement set forth in Exhibit D. 5.2 Proprietary Information. Each party agrees that information of the other party, including, but not limited to the following, shall constitute confidential and proprietary information ( "Proprietary Information ") unless otherwise public: (a) with respect to ESI: reporting and system applications and formats, web - based applications, databases, clinical or formulary management operations or programs, information concerning Rebates, prescription drug evaluation criteria, drug pricing information, and Participating Pharmacy agreements; and (b) with respect to Sponsor: Sponsor and Member information files, business operations and strategies. Neither party shall use the other's Proprietary Information, or disclose it or this Agreement to any third party, at any time during or after termination of this Agreement, except as specifically contemplated by this Agreement or upon prior written consent, which shall not unreasonably be withheld. Upon termination of this Agreement, each party shall cease using the other's Proprietary Information, and all such information shall be returned or destroyed upon the owner's direction. 109283v2 16E5 5.3 Trademarks. Each party acknowledges each other party's sole and exclusive ownership of its respective trade names, commercial symbols and trademarks (collectively "Marks "). No party shall use the other party's Marks in advertising or promotional materials or otherwise without the owner's prior written consent; provided, however, that the parties may publicize the fact that ESI provides prescription drug benefit management services to Sponsor. ARTICLE VI - COMPLIANCE WITH LAW; ERISA; FINANCIAL DISCLOSURE 6.1 Compliance with Law; Change in Law. Each party shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. Sponsor shall be responsible for any governmental or regulatory charges and taxes imposed upon the services provided hereunder, other than taxes based on the net income of ESI. If the scope of EST's duties under this Agreement is made materially more burdensome or expensive due to a change in federal, state or local laws or regulations or the interpretation thereof, the parties shall negotiate an appropriate modification of the services and /or an adjustment to the fees paid to ESI. In addition, if any change in Federal or applicable state law or regulation (including the interpretation of existing laws or regulations by a court or administrative agency or extension of a prescription drug benefit under Medicare) occurs during the term of the Agreement, and in consequence thereof ESI is required to increase payments for Covered Drugs to Participating Pharmacies in the applicable jurisdiction under its provider agreements, the Prescription Drug Program fees set forth in Exhibit A will be increased by the same amount upon prior notice to Sponsor. If the parties cannot agree on a modification or adjusted fee or Sponsor otherwise does not agree with the modification to Participating Pharmacy rates, then either party may terminate the Agreement on thirty (30) days' prior written notice to the other. 6.2 ERISA. Sponsor shall ensure that its activities in regard to the drug benefits provided to its Members are in compliance with the Employee Retirement Income Security Act, as amended, 29 U.S.C. §1001 et seq. ( "ERISA"). Sponsor acknowledges and agrees that it is responsible for disclosing to Members any and all information relating to the program as required by law to be disclosed, including any information relating to the calculation of Copayments, and any other program coverage and eligibility requirements in connection with the program, and any other information concerning commissions, rebates, discounts or provider discounts referred to in Section 6.3 hereof. In providing services under this Agreement, Sponsor acknowledges and agrees that neither ESI nor any of ESI's wholly -owned subsidiaries are acting as a fiduciary (as defined in Section 3.21(a) of ERISA) of Sponsor's Plan, and Sponsor shall not name ESI or any of EST's wholly -owned subsidiaries as a plan fiduciary. Neither ESI nor any of EST's wholly -owned subsidiaries have any power to make any decisions as to Plan policy, interpretations, practices or procedures, but rather provides ministerial services within a framework of policies, guidelines, interpretations, rules, practices, and procedures chosen by Sponsor. Sponsor acknowledges that neither ESI or any of EST's wholly -owned subsidiaries have any discretionary authority or control respecting management of the Plan and does not exercise any authority or control respecting management or disposition of the plan assets of the Plan, if any exist. Sponsor further acknowledges that all such discretionary authority is retained by Sponsor or some other person or entity. 6.3 Disclosure of Certain Financial Matters. In addition to the administrative fees paid to ESI by Sponsor, if any, ESI and ESI's wholly -owned subsidiaries derive margin from fees and revenue in one or more of the ways as further described in the Financial Disclosure to ESI PBM Clients set forth in Exhibit E hereto ( "Financial Disclosure "). In negotiating any of the fees and revenues described in the Financial Disclosure or in this Agreement, ESI and ESI's wholly -owned subsidiaries act on their own behalf, and not for the benefit of or as agents for Sponsor, Members or the Plan. ESI and ESI's wholly -owned subsidiaries retain all proprietary rights and beneficial interest in such fees and revenues described in the Financial Disclosure and, accordingly, Sponsor acknowledges for itself, its Members and the Plan that neither it, any Member, nor the Plan, has a right to receive, or possesses any beneficial interest in, any such fees or revenues; provided, that ESI will pay Sponsor amounts equal to the Rebate amounts expressly set forth on Exhibit B. 109283v2 16E5 0 ARTICLE VII - TERM AND TERMINATION; DEFAULT AND REMEDIES 7.1 Term. This Agreement will commence effective as of the later of (a) January 1, 2006, or (b) the date ten (10) days following execution of this Agreement by Sponsor and ESI as set forth on the signature page ( "Effective Date "), and shall continue for a period of three (3) years ( "Initial Term "), and may be terminated earlier or extended in accordance with the terms of Section 7.2 below. Thereafter, this Agreement shall automatically renew with the same terms and conditions as set forth herein for successive one (1) year renewal terms, subject to the right of termination as otherwise provided herein. 7.2 Termination. (a) Non - Renewal Upon Notice. Not less than ninety (90) days prior to the end of the Initial Term or any renewal term of this Agreement either party may notify the other party in writing that it desires to terminate this Agreement effective as of the end of the then current term. Notwithstanding any provision in this Agreement to the contrary, in no event will this Agreement be terminable "without cause" prior to the expiration of the Initial Term by either party. (b) Breach or Default. Either party may give the other written notice of a material, substantial and continuing breach of this Agreement. If the breaching party has not cured said breach within thirty (30) days from the date such notice was sent, this Agreement may be terminated at the option of the non - breaching party. If the amount of time commercially reasonable for the breach to be cured is longer than thirty (30) days, this Agreement may not be terminated by the non - breaching party pursuant to this provision until such commercially reasonable period of time has elapsed; provided, however, that in no event shall such period exceed sixty (60) days. (c) Non - Payment. Notwithstanding anything to the contrary herein, ESI (and its wholly - owned subsidiaries) may terminate or suspend their performance hereunder and cease providing or authorizing provision of Covered Drugs to Members upon forty -eight (48) hours written notice if Sponsor fails to pay ESI or provide a deposit, if required, in accordance with the terms of this Agreement. ESI also may apply Rebates to any unpaid Fees. (d) Insolvency. To the extent permitted by applicable law, ESI may terminate this Agreement, or suspend performance hereunder, upon the insolvency of Sponsor, and Sponsor may terminate this Agreement upon the insolvency of ESI. The "insolvency' of a party shall mean the filing of a petition commencing a voluntary or involuntary case (if such case is an involuntary case, then only if such case is not dismissed within sixty (60) days from the filing thereof) against such party under the United States Bankruptcy Code; a general assignment by such party for the benefit of creditors; the inability of such party to pay its debts as they become due; such party's seeking or consenting to, or acquiescence in, the appointment of any trustee, receiver or liquidation of it, or any material part of its property; or a proceeding under any receivership, composition, readjustment, liquidation, insolvency, dissolution, or like law or statute, which case or proceeding is not dismissed or vacated within sixty (60) days. (e) Obligations Upon Termination. Sponsor shall notify Members of the timing of any transition to a successor pharmacy benefit manager at least thirty (30) days prior to the effective date of such termination. Sponsor or its agent shall pay ESI in accordance with this Agreement for all claims for Covered Drugs dispensed and services provided to Sponsor and Members on or before the effective date of termination ( "Termination Date "). ESI shall continue filing for Rebates for claims incurred prior to the Termination Date and shall pay Sponsor Rebates for such claims in accordance with the Rebate payment schedule set forth in Exhibit B. Claims submitted by Pharmacies or Member - Submitted Claims filed with ESI after the Termination Date shall be processed and adjudicated in accordance with a mutually determined run -off plan. Notwithstanding the preceding, ESI may require that Sponsor pay a reasonable deposit in the event ESI is requested to process after the Termination Date claims incurred on or prior to such date. 109283v2 16E5 7.3 Remedies. (a) Remedies Not Exclusive. A party's right to terminate this Agreement under Article VII shall not be exclusive of any other remedies available to the terminating party under this Agreement or otherwise, at law or in equity. (b) Force Maieure. Neither party shall be liable in any manner for any delay to perform its obligations hereunder which are beyond a party's reasonable control, including, without limitation, any delay or failure due to strikes, labor disputes, riots, earthquakes, storms, floods or other extreme weather conditions, fires, explosions, embargoes, war or other outbreak of hostilities, government acts or regulations, or the failure or inability of carriers, suppliers, delivery services, or telecommunications providers to provide services necessary to enable a party to perform its obligations hereunder. (c) Limitation of Liability. Except for the indemnification obligations set forth in Section 7.3(d), each party's liability to the other hereunder shall in no event exceed the actual proximate losses or damages caused by breach of this Agreement. In no event shall either party or any of their respective affiliates, directors, employees or agents, be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or any damages for lost profits relating to a relationship with a third party, however caused or arising, whether or not they have been informed of the possibility of their occurrence. (d) Indemnification. (i) In addition to any indemnification obligations set forth in Exhibit D, ESI will indemnify and hold Sponsor harmless from and against any loss, cost, damage, expense or other liability, including, without limitation, reasonable costs and attorney fees ( "Costs ") incurred in connection with any and all third party claims, suits, investigations or enforcement actions, including claims of infringement of any intellectual property rights ( "Claims ") which may be asserted against, imposed upon or incurred by Sponsor and arising as a result of (A) ESI's negligent acts or omissions or willful misconduct, (B) ESI's breach of this Agreement, or (C) Sponsor's authorized use of ESI's Marks, or use of or access to any ESI proprietary reporting and system applications, unless Sponsor has modified or altered such applications without EST's written consent. (ii) Sponsor will indemnify and hold ESI harmless from and against any Costs for Claims which may be asserted against, imposed upon or incurred by ESI and arising as a result of (A) Sponsor's negligent acts or omissions or willful misconduct, benefit design and coverage decisions, or breach of this Agreement, (B) any improper use Sponsor, an Auditor or Vendor may make of PHI provided to such party, or (C) ESI's authorized use of Sponsor's Marks in connection with the services hereunder. (iii) As a condition of indemnification, the party seeking indemnification shall notify the indemnifying party in writing promptly upon learning of any Claim for which indemnification may be sought hereunder, and shall tender the defense of such claim to the indemnifying party. No party shall indemnify the other with respect to any claim settled without the written consent of the other. 7.4 Survival. The parties' rights and obligations under the last sentences of Sections 3.1(a)(i) and 3.2(d), Articles IV and V; and Sections 6.1, 7.2(e), 7.3, and 7.4 shall survive the termination of this Agreement for any reason. ARTICLE VIII — MISCELLANEOUS 8.1 Notice. Any notice or document required or permitted to be delivered pursuant to this Agreement must be in writing and shall be deemed to be effective upon mailing and must be either (a) deposited in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, or (b) sent by recognized overnight delivery service, in either case properly addressed to the other party at the 109283v2 10 16E5 address set forth below, or at such other address as such party shall specify from time to time by written notice delivered in accordance herewith: Express Scripts, Inc. Attn: President 13900 Riverport Drive Maryland Heights, Missouri 63043 With copy to Legal Department Fax No. (314) 702 -7120 Collier County Government Attn: Jeff Walker 3301 Tamiami Trail East, Bldg D Naples, Florida 34112 Fax No. (941) 774 -8048 8.2 Independent Parties. No provision of this Agreement is intended to create or shall be construed to create any relationship between ESI and Sponsor other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither party, nor any of their respective representatives, shall be construed to be the partner, agent, fiduciary, employee, or representative of the other and neither party shall have the right to make any representations concerning the duties, obligations or services of the other except as consistent with the express terms of this Agreement or as otherwise authorized in writing by the party about which such representation is asserted. 8.3 Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of and be enforceable by, the respective successors and permitted assigns of the parties hereto; provided that this Agreement may not be assigned by Sponsor without the prior written consent of ESI, which consent shall not unreasonably be withheld after a standard credit evaluation. ESI will assign certain of the services to be performed under this Agreement to its wholly -owned subsidiaries, as necessary to ensure proper performance of such services, and ESI retains full responsibility and liability for the performance of such services by its wholly -owned subsidiaries. 8.4 Integration; Amendments. This Agreement and any Exhibits hereto constitute the entire understanding of the parties hereto and supersedes any prior oral or written communication between the parties with respect to the subject matter hereof. If there is a separate Business Associate Agreement between the parties, such an agreement shall be incorporated herein for all applicable purposes. No modification, alteration, or waiver of any term, covenant, or condition of this Agreement shall be valid unless in writing and signed by both parties or the agents of the parties who are authorized in writing. 8.5 Choice of Law. This Agreement shall be construed and governed in all respects according to the laws in the State of Florida, without regard to the rules of conflict of laws thereof. 8.6 Waiver. The failure of either party to insist upon the strict observation or performance of this Agreement or to exercise any right or remedy shall not be construed as a waiver of any subsequent breach of this Agreement or impair or waive any available right or remedy. 8.7 Third Party Beneficiary Exclusion. This Agreement is not a third party beneficiary contract, nor shall this Agreement create any rights on behalf of Members as against ESI. Sponsor and ESI reserve the right to amend, cancel or terminate this Agreement without notice to, or consent of, any Member. 109283v2 11 16E5 IN WITNESS WHEREOF, the undersigned have executed this Pharmacy Benefit Management Agreement as of the day and year below set forth. EXPRESS SCRIPTS, INC By Printed Name: Title: To be completed by Express Scripts, Inc. Effective Date: c,- ,,iident i3c Al -Lc^ ;ant Management §4 1 lk%gal form �/ O6 Scott R. Teach Assistant County Attorney ATTEST: DWlME(�CK► CI,,EiK Depiri�Cferk� - Rtt th a* Ab 014-i roan ' s 109283v2 12 COLLIER17 UNTGOVERPPENT By: Printed Name: Title: r w. Phone: a3 Fax: m sPs t9 � Federal ID Number:__ 4"')c7n 'F Date: Item # I � Er�— Agenda Date Roc'ri 16E5 EXHIBIT A PHARMACY REIMBURSEMENT Sponsor shall pay to ESI the amounts set forth below, net of applicable Copayments. Sales or excise tax or other governmental surcharge, if any, shall be the responsibility of Sponsor. If ESI pays a particular Participating Pharmacy a higher rate because Sponsor has requested such pharmacy be included in the network, the rate charged to Sponsor shall be the net ingredient cost plus the dispensing fee paid by ESI to such pharmacy, plus applicable sales or excise tax or other governmental surcharge, if any. Participating Pharmacies may elect not to participate in networks for plans that adopt mandatory mail benefit designs, and ESI makes no representation regarding Participating Pharmacy access in relation to plan designs with a mandatory mail feature. As such, notwithstanding anything stated otherwise in the Agreement or any Exhibit, in the event Sponsor adopts a mandatory mail program, any Participating Pharmacy access guarantees or standards described in this Agreement will not apply, and, if Sponsor's adoption of the mandatory mail program will have a material adverse financial impact on ESI because pharmacies may refuse to service programs with a mandatory mail feature, the parties will in good faith renegotiate the pricing set forth in this Agreement to account for such adverse impact. For purposes of this Exhibit A, the terms: "Average Wholesale Price" or "AWP" means the average wholesale price of a prescription drug as identified by drug pricing services such as First Data Bank or other source nationally recognized in the retail prescription drug industry selected by ESI for all clients. The applicable AWP for prescriptions filled in the Mail Service Pharmacy will be the AWP for the lesser of: (i) the NDC code for the package size from which the prescription drug was dispensed, or (ii) package sizes of 100 units or 16 ounce quantities, or the next larger quantity if such specified quantities are not available. "Compound Drugs" means a customized medication derived from two or more raw chemicals, powders and devices, of which at least one ingredient is a federal legend drug, prepared by a pharmacist according to a doctor's specifications. "Generic Drug" means a prescription drug, whether identified by its chemical, proprietary, or non- proprietary name, that is therapeutically equivalent and interchangeable with drugs having an identical amount of the same active ingredient(s) and approved by the FDA. The designation of a product as "generic" and /or subject to MAC ( "Maximum Allowable Cost ") is determined by ESI using data elements provided by First DataBank or other source nationally recognized in the retail drug industry. "Maximum Reimbursement Amount" or "MRA" means the maximum price for the particular Generic Drug, as specified on ESI's MAC list. The MAC list is structured with the intent that the weighted average MRA discount for the entire MAC list is equivalent to a discount off of AWP with a range of 40% to 50 %, but Sponsor's actual weighted average MRA discount may vary within, or above or below, this range depending upon Sponsor's actual Generic Drug mix and utilization and Sponsor's plan design. ESI periodically updates the MAC list and MRA to reflect changes in Generic Drug availability and prices. "Single Source Generic Drug" means a Generic Drug licensed and currently marketed from only one non repackager generic labeler within a generic class number (GCH). "Usual and Customary Price" or "U &C" means the retail price charged by a Participating Pharmacy for the particular drug in a cash transaction on the date the drug is dispensed as reported to ESI by the Participating Pharmacy. 109283v2 13 16E5 The rates set forth below are conditioned on: (i) the adoption by Sponsor of the specified Copayment structure and Formulary; (ii) a mimimum of 4,000 Members enrolled as of the Effective Dare, (iii) no Members enrolled in 100% copayment benefit plan designs; and (iv) ESI's receipt of this executed Agreement. Participating Pharmacy Reimbursement Rates (This Pricing does Not Apply To Specialty Products) II. Mail Service Pharmacy Pricing (This Pricina Does Not Apply To Specialty Products) 2 -Tier Plan Design 3 -Tier Plan Design 35.90 Day With $15 or greater Copay Differential Supply ESI National Preferred Formulary Formulary Minimum 50,000 Participating Pharmacy Network Ingredient Cost (Brand and Generic) The lower of AWP - 16 %, MRA, or U &C Single Source Generic Drugs are Drugs are priced as brands priced as brands Ingredient Cost Lesser of U &C or combined AWP plus (Compound Drugs) applicable service fee Dispensing Fee/Rx Ingredient Cost (Brand and Generic ) $1.25 Administrative Fee/Rx $0.00 II. Mail Service Pharmacy Pricing (This Pricina Does Not Apply To Specialty Products) 2 -Tier Plan Design 1 -34 Day 35.90 Day ESI National Preferred Supply Supply Formulary Brand Ingredient Cost Single Source Generic AWP -16% AWP - 22 % Drugs are priced as brands Generic Ingredient Cost AWP -55% 1 AWP -55% Compound Drug Combined AWP plus Ingredient Cost applicable service fee Dispensing Fee I Rx Subject to change for $1.25 $0.00 changes in postal rates Minimum Rate I Rx $8.99 Administrative Fee $0.00 III. Specialty Program Fees All Specialty Product pricing is based upon the discount off of AWP for each Specialty Product, as published by First Data Bank or other nationally recognized AWP source selected by ESI, on the date of dispensing. Pricing also is based on electronic claims adjudication through ESI, using a National Council for Prescription Drug Programs format. Sponsor shall pay ESI for the Specialty Products in accordance with the payment terms described in the Agreement and the Specialty Product pricing specified below. In no event shall the Mail Service Pharmacy or Participating Pharmacy pricing specified above be applied to Specialty Products, regardless of the pharmacy from which they are dispensed. 109283v2 14 16E5 Each Specialty Product included on the applicable list below, including updates implemented as described in the following bullet point, will be considered a Covered Drug under Sponsor's Plan subject to the applicable pricing below unless Sponsor has designated such Specialty Product as a non - Covered Drug in Sponsor's EBD on file with ESI or Sponsor has affirmatively elected in the EBD not to cover any Specialty Products. If both the ESI Specialty Pharmacy Exclusive Option and the Open Option are included below, Sponsor must select in the EBD which option will apply or that Sponsor does not desire to cover Specialty Products, and until such time as Sponsor makes such election in its EBD the ESI Specialty Pharmacy Exclusive Option will apply by default. The list of Specialty Products below is subject to addition, deletion, or modification from time to time upon thirty (30) days advance written notice to Sponsor. ESI's written notice will indicate the specific change (e.g., addition of a new Specialty Product to the list) and the AWP pricing associated with the change to be paid by Sponsor. If Sponsor desires to reject the change, it must notify ESI in writing within thirty (30) days from the date of ESI's notice that Sponsor does not accept the change to the list. If Sponsor rejects the change, the change will not be implemented for Sponsor. If, however, Sponsor does not reject the change by notifying ESI in writing within the aforementioned thirty (30) day notice period, the change will thereafter become immediately effective for Sponsor and the list included herein will be deemed modified accordingly to reflect such change, and Sponsor acknowledges and agrees to the same. Notwithstanding the foregoing, if Sponsor requests that a new Specialty Product not included on the Specialty Product list be available hereunder for a Member before the expiration of the aforementioned thirty (30) day ESI notice period, or Sponsor's Plan immediately covers the new Specialty Product even if the new Specialty Product is not included on the applicable Specialty Product list below, such Specialty Product will be considered a Covered Drug and priced to Sponsor at ESI's standard specialty rate for that new Specialty Product without advance notice to Sponsor, and Sponsor agrees to pay the same. Some Specialty Products may be subject to availability from the pharmaceutical manufacturer or because they are in short supply, subject to recall or allocation. Efforts will be made to find alternative supply channels or pharmacies and the pricing below may need to be modified until the short supply situation is corrected, with such modification effective upon advance written notice to Sponsor by ESI. If Sponsor desires to make Specialty Products available under this Agreement, it should select one of the following on its EBD: OPTION 1 — ESI Specialty Pharmacy — Exclusive Under this pricing option, Specialty Products will only be filled through ESI Specialty Pharmacy. Specialty Products will not be available through either Participating Pharmacies or the Mail Service Pharmacy. If a Member attempts to fill a prescription for a Specialty Product through a Participating Pharmacy the claim will reject with a "NDC not covered" message. The pharmacy will provide the Member with the ESI Specialty Pharmacy phone number. If a Member submits a prescription for a Specialty Product to the Mail Service Pharmacy, the claim will reject with a "NDC not covered" message and ESI will automatically transfer the prescription to ESI Specialty Pharmacy. Specialty Products -Exclusive Ingredient Cost - %Off AWP Dispensing Fee ESI Specialty Pharmacy See Table below $0.00 Product % Off AWP ACTHAR 17.0% ADRUCIL 17.0% ADVATE 25.0% ALDURAZYME 17.0% Product % Off AWP ALFERON 17.0% ALIMTA 17.0% ALKERAN 17.0% ALOXI 17.0% 109283v2 15 Product % Off AWP ALPHANATE 32.0% ALPHANINE 32.0% AMEVIVE 17.0% ANTAGON 18.0% Product % Off AWP ANZEMET 17.0% ARANESP 17.0% AREDIA 17.0% ARIXTRA 17.0% AUTOPLEX 29.0% AVASTIN 17.0% AVONEX 17.0% BAYGAM 30.0% BAYHEP B 17.0 % BAYRHO -D 25.0% BEBULIN 9.0% BENEFIX 20.0% BETASERON 17.0% BICILLIN 17.0% BICNU 17.0% BLEOMYCIN 35.0% BLEOMYCIN SULFATE 35.0% BOTOX 18.0% BRAVELLE 18.0% CALCIJEX 17.0% CAMPATH 17.0% CAMPTOSAR 17.0% CARBOPLATIN 35.0% CEREZYME 15.0% CETROTIDE 18.0% CISPLATIN 35.0 % COPAXONE 17.0% COPEGUS 17.0% CYTARABINE 35.0% CYTOGAM 18.0% CYTOXAN 17.0% CYTOXAN LYOPHILIZED 17.0% DACARBAZINE 35.0% DDAVP 17.0% DESFERAL 17.0% DOXIL 17.0% DOXORUBICIN 35.0% ELIGARD 17.0% ELLENCE 17.0% ELOXATIN 17.0% ELSPAR 17.0% ENBREL 17.0% ENGERIX 17.0% ENGERIX -B 17.0% EPOGEN 17.0% ERBITUX 17.0% ETHYOL 17.0% ETOPOPHOS 17.0% ETOPOSIDE 35.0% Product % Off AWP FABRAZYME 17.0% FACTREL 18.0% FEIBA 37.0% FERTINEX 18.0% FLUDARA 17.0% FLUDARABINE 35.0% FLUDARABINE 35.0% FLUOROURACIL 35.0% FOLLISTIM 18.0% FORTAZ 17.0% FORTAZ 17.0% FORTEO 17.0% FRAGMIN 17.0% FUDR 17.0% FUZEON 17.0% GAMIMUNE 30.0% GAMIMUNE N 30.0% GAMMAGARD 30.0% GAMMAR -P 30.0% GAMUNEX 30.0% GEMZAR 17.0% GENOTROPIN 18.0% GEREF 18.0% GEREF 18.0% GLEEVEC 17.0% GONAL -F 18.0% GONAL -F RFF 18.0% HELIXATE 30.0% HEMOFIL 35.0% HERCEPTIN 17.0% HUMATE -P 32.0% HUMATROPE 18.0% HUMIRA 17.0% HYALGAN 17.0% HYCAMTIN 17.0% IFEX 17.0% IFOSFAMIDE 35.0% INFERGEN 17.0% INNOHEP 17.0% INTRON A 17.0% IRESSA 17.0% IVEEGAM 30.0% KINERET 17.0% KOATE -DVI 37.0% KOGENATE 38.0% KYTRIL 17.0% LEUCOVORIN 35.0% LEUCOVORIN CALCIUM 35.0% LEUKINE 17.0% 109283v2 16 16E5 Product % Off AWP LEUPROLIDE 35.0% LEUSTATIN 17.0% LOVENOX 17.0% LUPRON 17.0% MESNA 35.0% MESNEX 17.0% MITOMYCIN 35.0% MONARC -M 37.0% MONOCLATE -P 27.0% MONONINE 27.0% MUSTARGEN 17.0% MYLOTARG 17.0% MYOBLOC 17.0% NABI -HB 17.0% NAVELBINE 17.0% NEULASTA 17.0% NEUMEGA 17.0% NEUPOGEN 17.0% NIPENT 17.0% NORDITROPIN 18.0% NOVANTRONE 17.0% NOVAREL 18.0% NOVOSEVEN 37.0% NUTROPIN 18.0% ONCASPAR 17.0% ONTAK 17.0% ONXOL 35.0% OVIDREL 18.0% PACLITAXEL 35.0% PAMIDRONATE 35.0% PAMIDRONATE 35.0% PANGLOBULIN 30.0% PANGLOBULIN/ 30.0% PARAPLATIN 17.0% PEGASYS 17.0% PEG - INTRON 17.0% PERGONAL 18.0% PLENAXIS 17.0% POLYGAM 30.0% PREGNYL 18.0% PROCRIT 17.0% PROFASI 18.0% PROFILNINE 25.0% PROGESTERONE 18.0% PROGESTERONE IN OIL 18.0% PROLEUKIN 17.0% PROPLEX 5.0% PROTROPIN 18.0% PULMOZYME 17.0% Product % Off AWP RAPTIVA 17.0% REBETOL 17.0% REBETRON 17.0% REBIF 17.0% RECOMBINATE 31.0% REFACTO 17.0% REMICADE 17.0% REPRONEX 18.0% RHOGAM 25.0% RIBAVIRIN 35.0% RIMSO -50 17.0% RISPERDAL CONSTA 17.0% RITUXAN 17.0% ROCEPHIN 17.0% ROFERON -A 17.0% SAIZEN 18.0% SANDOSTATIN 17,0% SENSIPAR 17.0% Product % Off AWP SEROSTIM 17.0% SUPARTZ 17.0% SYNAGIS 17.0% SYNVISC 17.0% TARCEVA 17.0% TAXOTERE 17.0% TEMODAR 17.0% TEV- TROPIN 18.0% THALOMID 17.0% THERACYS 17.0% THIOTEPA 35.0% THYROGEN 17.0% TICE 17.0% TOBI 17.0% TYSABRI 17.0% VELCADE 17.0% VENOGLOBULIN -S 30.0% VIDAZA 17.0% 16E5 Product % Off AWP VINCASAR 35.0% VINCRISTINE 35.0% VINORELBINE TARTRATE 35.0% WINRHO 30.0% WINRHO 50001U SDV 1,000MCG 30.0% XELODA 17.0% XOLAIR 17.0% ZANOSAR 17.0% ZANOSAR STERILE POWDER 17.0% ZAVESCA 17.0% ZINECARD 17.0% ZOFRAN 17.0% ZOLADEX 17.0% ZOMETA 17.0% ZORBTIVE 18.0% OPTION 2 - Participating Pharmacy Network and ESI Specialty Pharmacy - Open Under this pricing option, Specialty Products may be filled through either ESI Specialty Pharmacy or Participating Pharmacies. They will not be available through the Mail Service Pharmacy. If Sponsor utilizes other specialty pharmacies, an additional $0.30 claims administrative fee per Prescription Drug Claim will be charged. Specialty Products - Open Ingredient Cost* - Dispensing Fee 15.0% % Off AWP 15.0% Participating Pharmacy -13% $2.75 ESI Specialty Pharmacy See Table below $0.00 *Unique Products 15.0% ALKERAN BEBULIN -9% Same as above PROPLEX -5% ALPHANINE Product CSP % Off AWP ACTHAR 15.0% ADRUCIL 15.0% ADVATE 25.0% ALDURAZYME 15.0% ALFERON 15.0% ALIMTA 15.0% ALKERAN 15.0% ALOXI 15.0% ALPHANATE 32.09/6 ALPHANINE 32.0% AMEVIVE 15.0% Product CSP % Off AWP ANTAGON 15.0% ANZEMET 15.0% ARANESP 15.0% AREDIA 15.0% ARIXTRA 15.0% AUTOPLEX 29.0% AVASTIN 15.0% AVONEX 15.0% M 15.0% P B t 15.0% O -D 15.0% 109283v2 17 Product CSP % Off AWP BEBULIN 9.0% BENEFIX 20.0% BETASERON 15.0% BICILLIN 15.0% BICNU 15.0% BLEOMYCIN 30.0% BLEOMYCIN SULFATE 30.0% BOTOX 15.0% BRAVELLE 15.0% CALCIJEX 15.0% CAMPATH 15.0% Product CSP % Off AWP CAMPTOSAR 15.0% CARBOPLATIN 30.0% CEREZYME 15.0% CETROTIDE 15.0% CISPLATIN 30.0% COPAXONE 15.0% COPEGUS 15.0% CYTARABINE 30.0% CYTOGAM 18.0% CYTOXAN 15.0% CYTOXAN LYOPHILIZED 15.0% DACARBAZINE 30.0% DDAVP 15.0% DESFERAL 15.0% DOXIL 15.0% DOXORUBICIN 30.0% ELIGARD 15.0% ELLENCE 15.0% ELOXATIN 15.0% ELSPAR 15.0% ENBREL 15.0% ENGERIX 15.0% ENGERIX -B 15.0% EPOGEN 15.0% ERBITUX 15.0% ETHYOL 15.0% ETOPOPHOS 15.0% ETOPOSIDE 30.0% FABRAZYME 15.0% FACTREL 15.0% FEIBA 37.0% FERTINEX 15.0% FLUDARA 15.0% FLUDARABINE 30.0% FLUDARABINE 30.0% FLUOROURACIL 30.0% FOLLISTIM 15.0% FORTAZ 15.0% FORTAZ 15.0% FORTEO 15.0% FRAGMIN 15.0% FUDR 15.0% FUZEON 15.0% GAMIMUNE 25.0% GAMIMUNE N 25.0% GAMMAGARD 25.0% GAMMAR -P 25.0% GAMUNEX 25.0% GEMZAR 15.0% Product CSP % Off AWP GENOTROPIN 15.0% GEREF 15.0% GEREF 15.0% GLEEVEC 15.0% GONAL-F 15.0% GONAL -F RFF 15.0% HELIXATE 30.0% HEMOFIL 35.0% HERCEPTIN 15.0% HUMATE -P 32.0% HUMATROPE 15.0% HUMIRA 15.0% HYALGAN 15.0% HYCAMTIN 15.0% IFEX 15.0% IFOSFAMIDE 30.0% INFERGEN 15.0% INNOHEP 15.0% INTRON A 15.0% IRESSA 15.0% IVEEGAM 25.0% KINERET 15.0% KOATE -DVI 37.0% KOGENATE 38.0% KYTRIL 15.0% LEUCOVORIN 30.0% LEUCOVORIN CALCIUM 30.0% LEUKINE 15.0% LEUPROLIDE 30.0% LEUSTATIN 15.0% LOVENOX 15.0% LUPRON 15.0% MESNA 30.0% MESNEX 15.0% MITOMYCIN 30.0% MONARC -M 37.0% MONOCLATE -P 27.0% MONONINE 27.0% MUSTARGEN 15.0% MYLOTARG 15.0% MYOBLOC 15.0% NABI -HB 15.0% NAVELBI N E 15.0% NEULASTA 15.0% NEUMEGA 15.0% NEUPOGEN 15.0% NIPENT 15.0% NORDITROPIN 15.0% NOVANTRONE 15.0% 109283v2 18 16E5 Product CSP % Off AWP NOVAREL 15.0% NOVOSEVEN 37.0% NUTROPIN 15.0% ONCASPAR 15.0% ONTAK 15.0% ONXOL 30.0% OVIDREL 15.0% PACLITAXEL 30.0% PAM IDRONATE 30.0% PAMIDRONATE 30.0% PANGLOBULIN 25.0% PANGLOBULIN/ 25.0% PARAPLATIN 15.0% PEGASYS 15.0% PEG- INTRON 15.0% PERGONAL 15.0% PLENAXIS 15.0% POLYGAM 25.0% PREGNYL 15.0% PROCRIT 15.0% PROFASI 15.0% PROFILNINE 25.0% PROGESTERONE 15.0% PROGESTERONE IN OIL 15.0% PROLEUKIN 15.0% PROPLEX 5.0% PROTROPIN 15.0% PULMOZYME 15.0% RAPTIVA 15.0% REBETOL 15.0% REBETRON 15.0% REBIF 15.0% RECOMBINATE 31.0% REFACTO 17.0% REMICADE 15.0% REPRONEX 15.0% RHOGAM 25.0% RIBAVIRIN 30.0% RIMSO -50 15.0% RISPERDAL CONSTA 15.0% RITUXAN 15.0% ROCEPHIN 15.0% ROFERON -A 15.0% SAIZEN 15.0% SANDOSTATIN 15.0% SENSIPAR 15.0% SEROSTIM 15.0% SUPARTZ 15.0% SYNAGIS 15.0% Product CSP % Off AWP SYNVISC 15.0% TARCEVA 15.0% TAXOTERE 15.0% TEMODAR 15.0% TEV- TROPIN 15.0% THALOMID 15.0% THERACYS 15.0% THIOTEPA 30.0% THYROGEN 15.0% TICE 15.0% TOBI 15.0% Product UP % Off AWP TYSABRI 15.0% VELCADE 15.0% VENOGLOBULIN -S 25.0% VIDAZA 15.0% VINCASAR 30.0% VINCRISTINE 30.0% VINORELBINE TARTRATE 30.0% WINRHO 25.0% WINRHO 50001U SDV 1,000MCG 25.0% XELODA 15.0% 109283v2 19 16E5 Product UP % Off AWP XOLAI R 15.0% ZANOSAR 15.0% ZANOSAR STERILE POWDER 15.0% ZAVESCA 15.0% ZINECARD 15.0% ZOFRAN 15.0% ZOLADEX 15.00 ZOMETA 15.0% ZORBTIVE 15.0% 16E5 IV. Administrative Fees PBM Services Fee Customer Service for Members No additional fee Eligibility submission Electronic /on -line submission Manual /hardcopy submission FSA Feeds No additional fee $1.00 /update (includes initial entry) No additional fee Software Training for Access to Our On -Line System(s) No additional fee Electronic Claims Processing No additional fee Member Submitted Paper Claims Processing $1.50 /claim COB (Coordination of Benefits) Standard Process (reject for primary carrier) Medicare Coordination +65 population) No additional fee $0.06 per claim Plan Setup No additional charge Participating Pharmacies Pharmacy Audit Recoveries 20% of audit recoveries Pharmacy Help Desk No additional fee Pharmacy Network Management No additional fee Pharmacy Reimbursement No additional fee Network Development Upon Request No additional fee Mail Services Benefit Education No additional fee Prescription Delivery – standard No additional fee Reporting Services Web -based Client Reporting – produced by Sponsor No additional fee Web -based Client Reporting – produced by ESI $100 per report Ad hoc desk top parametric reports No additional fee Additional Reports Billing Reports Annual Strategic Account Plan Report No additional fee No additional fee Custom Ad -Hoc Reporting $150 per hour, with a minimum of $500 Claims detail extract file electronic (NCPDP format) No additional fee (avail. upon request) Web Site Digital Certificates Up to 5 certificates More than 5 certificates No additional fee Up to $150 for additional users Express - Scripts.com for Clients— access to reporting tools, eligibility update capability, contact directory, sales and marketing information, and benefit and enrollment support No additional fee Express - Scripts.com for Members — access to benefit, drug, health and wellness information; prescription ordering capability; and customer service No additional fee Express Choicesm enrollment option — available during open enrollment to enable Members to evaluate prescription benefit plan options. No additional fee 109283v2 20 16E5 Implementation Package and Member Communications Fee Implementation Support No additional charge Member Packets (Includes 2 standard resin ID cards) Mailed to Sponsor No additional charge Mailed directly to Members No additional charge Replacement Cards No additional charge Customized materials Priced upon request Appeals by UM Company Clinical appeals $350 per review Non - clinical appeals $160 per review V. Selected Clinical/Trend Programs. ESI offers a comprehensive list of trend, safety, care and disease management programs, a limited number of which are identified below, and which may change or be discontinued from time to time. ESI also offers savings guarantees under certain conditions. Information concerning such programs, guarantees and fees, if applicable, is available from the ESI Account Team. Program Fee Drug Choice Management No charge Drug Quantity Management Standard per Rx $0.02 PMPM Select per Rx (optional) Select per day supply (optional) Note: List of drugs subject to change at the discretion of ESI Prior Authorization - Administrative Lost/stolen overrides No charge Vacation supplies Prior Authorization — Clinical Base List No charge Note: List of drugs available upon request; subject to change at the discretion of ESI. Prior Authorization — Clinical Supplemental List $0.03 PMPM Note: List of drugs available upon request; subject to change at the discretion of ESI Prior Authorization — Other Clinical Overrides (e.g. Non - standard prior authorization medications, medical $20 /request exceptions) $25 /physician review Step Therapy Individual module or combined available Retro DUR $0.03 /Rx Retro DUR — Seniors $0.02 /Rx 109283v2 21 16E5 EXHIBIT B REBATES A. Subject to the terms and conditions set forth below, ESI will remit to Sponsor amounts equal to the following: B. Conditions of the Rebate Program 1. Rebates are conditioned upon (a) Sponsor's election of, and conformance to, the Formulary and qualifying copayment benefit designs); (b) distribution of the Formulary (or a summary thereof) to Members and /or physicians, as applicable; (c) 100% of Members included in the applicable benefit plan design(s); and (d) Sponsor's compliance with other reasonable, generally applicable requirements for participation by all clients in the Rebate Program, as are communicated by ESI to Sponsor from time to time. 2. Certain Member Submitted Claims and OTC products, Plans that do not meet eligibility requirements set forth in herein, claims older than 180 days, as well as claims for 100% copayment (cash and carry) plans not offered in connection with a health plan benefit, may not be eligible for Rebates. 3. ESI and Sponsor each understand that market conditions, patent status and other factors may influence Formulary decisions from time to time. If (a) Sponsor changes its Formulary, benefit designs, implements clinical programs or otherwise takes an action that has the effect of lowering the amount of Rebates earned by Sponsor (whether between the date of the Cost Proposal dated October 5, 2005, and the Effective Date, or during the Term), or (b) Rebate revenue is materially decreased because of brand products moving off - patent to generic status, ESI shall have the right to make an equitable adjustment to the Rebate as of the effective date of such event upon notice to Sponsor. Such adjustment will be made as of the date of the change, provided that ESI provides Sponsor with supporting information regarding the impact of the applicable changes(s). 4. Guarantees are calculated in the aggregate. ESI shall retain all actual Rebates, but Sponsor shall be entitled to an amount equal to the allocable Rebate amount specified above, subject to the terms and conditions herein. ESI retains Rebates in excess of any guarantee, if applicable. Amounts representing the Rebates allocated to Sponsor pursuant to the terms of this Agreement shall be paid on a quarterly basis approximately 150 days following the end of each quarterly period; provided, however, that ESI shall make quarterly payments as provided herein only to the extent of the Rebate payments it receives approximately 120 days following the end of the quarterly period. Payments attributable to Rebate amounts that ESI receives later than 120 days following the end of a quarter shall be included by ESI in the next quarterly payment. ESI retains all right, title and interest to any and all actual Rebates received from manufacturers, except that ESI shall pay Sponsor amounts equal to the Rebate amounts allocated to Sponsor, as specified above, from ESI's general assets (neither Sponsor, its Members, nor Sponsor's plan retains any beneficial or proprietary interest in ESI's general assets). 109283v2 22 3 -Tier Plan Design With $15 or greater Copay Differential ESI National Preferred Formulary Participating Mail Service Pharmacies Pharmacy and ESI Specialty Pharmacy Rebate Guarantee per Prescription $2.15 $8.00 Drug Claim B. Conditions of the Rebate Program 1. Rebates are conditioned upon (a) Sponsor's election of, and conformance to, the Formulary and qualifying copayment benefit designs); (b) distribution of the Formulary (or a summary thereof) to Members and /or physicians, as applicable; (c) 100% of Members included in the applicable benefit plan design(s); and (d) Sponsor's compliance with other reasonable, generally applicable requirements for participation by all clients in the Rebate Program, as are communicated by ESI to Sponsor from time to time. 2. Certain Member Submitted Claims and OTC products, Plans that do not meet eligibility requirements set forth in herein, claims older than 180 days, as well as claims for 100% copayment (cash and carry) plans not offered in connection with a health plan benefit, may not be eligible for Rebates. 3. ESI and Sponsor each understand that market conditions, patent status and other factors may influence Formulary decisions from time to time. If (a) Sponsor changes its Formulary, benefit designs, implements clinical programs or otherwise takes an action that has the effect of lowering the amount of Rebates earned by Sponsor (whether between the date of the Cost Proposal dated October 5, 2005, and the Effective Date, or during the Term), or (b) Rebate revenue is materially decreased because of brand products moving off - patent to generic status, ESI shall have the right to make an equitable adjustment to the Rebate as of the effective date of such event upon notice to Sponsor. Such adjustment will be made as of the date of the change, provided that ESI provides Sponsor with supporting information regarding the impact of the applicable changes(s). 4. Guarantees are calculated in the aggregate. ESI shall retain all actual Rebates, but Sponsor shall be entitled to an amount equal to the allocable Rebate amount specified above, subject to the terms and conditions herein. ESI retains Rebates in excess of any guarantee, if applicable. Amounts representing the Rebates allocated to Sponsor pursuant to the terms of this Agreement shall be paid on a quarterly basis approximately 150 days following the end of each quarterly period; provided, however, that ESI shall make quarterly payments as provided herein only to the extent of the Rebate payments it receives approximately 120 days following the end of the quarterly period. Payments attributable to Rebate amounts that ESI receives later than 120 days following the end of a quarter shall be included by ESI in the next quarterly payment. ESI retains all right, title and interest to any and all actual Rebates received from manufacturers, except that ESI shall pay Sponsor amounts equal to the Rebate amounts allocated to Sponsor, as specified above, from ESI's general assets (neither Sponsor, its Members, nor Sponsor's plan retains any beneficial or proprietary interest in ESI's general assets). 109283v2 22 16E5 Sponsor acknowledges and agrees that neither it, its Members, nor its Plan shall have a right to interest on, or the time value of, any Rebate payments received by ESI during the collection period or moneys payable under this Section. No Rebates shall be paid until this Agreement is executed by Sponsor. ESI shall have the right to apply Sponsor's allocated Rebate amount to unpaid Fees and shall have the right to delay payment of Rebates to allow for final adjustments upon termination of this Agreement. 5. Sponsor acknowledges that it may be eligible for Rebates under this Agreement only so long as Sponsor, its affiliates, or its agents do not contract directly or indirectly with anyone else for discounts, utilization limits, rebates or other financial incentives on pharmaceutical products or formulary programs for claims processed by ESI pursuant to the Agreement, without the prior written consent of ESI. In the event that Sponsor negotiates or arranges with a pharmaceutical manufacturer for Rebates or similar discounts for any Covered Drugs hereunder, but without limiting EST's right to other remedies, ESI may immediately withhold any Rebates earned by, but not yet paid to, Sponsor as necessary to prevent duplicative rebates on Covered Drugs. To the extent Sponsor knowingly negotiates and/or contracts for discounts or rebates on claims for Covered Drugs without prior written approval of ESI, such activity shall be deemed to be a material breach of this Agreement, entitling ESI to suspend payment of Rebates hereunder and to renegotiate the terms and conditions of this Agreement. 109283v2 23 EXHIBIT C AUDIT PROTOCOL 1. Audit Principles 16E5 Express Scripts recognizes the importance of Sponsors ensuring the integrity of their business relationship by engaging from time to time in audits of their financial arrangements with Express Scripts, and will make every reasonable effort to address Sponsor concerns by facilitating a responsive and responsible audit process. Subject to the provisions of the Agreement regarding Sponsor audits, Express Scripts and Sponsor agree that this Standard Audit Protocol is intended to facilitate Sponsor's audit of Express Scripts by: (a) clearly defining the scope of the review to be performed; (b) enabling production of timely and accurate results; (c) minimizing administrative burdens on both parties; and (d) ensuring that standard accounting and auditing practices are followed. 2. Audit Prerequisites and Procedures A. An audit involves a review of more than three months of claims data, and addresses broad operational areas including claim pricing accuracy, concurrent eligibility, formulary compliance and, when applicable, rebates. General claim inquiries, which do not require an audit, can be initiated by contacting Sponsor's Express Scripts Account Management team at any time. B. Sponsor agrees to supply a written request to begin an audit, which includes a clear definition of the intent and scope of the audit, after which Express Scripts will retrieve necessary data to perform the audit in a time frame not to exceed thirty (30) days. C. Audits may be performed once annually, and due to the extraordinary demands placed on Express Scripts' staff during the annual renewal period of December and January, no audits may be initiated or conducted during these months. Auditing Prescription Claims A. If requested, Express Scripts will supply Sponsor with claim detail history on CD -ROM in NCPDP standard fields. B. The initial audit scope will cover a period not to exceed eighteen (18) months immediately preceding the audit. Requests for older data may be subject to payment of fees for retrieval of data from off -site storage. The audited period may not be reaudited once the audit is complete. C. Most audits can be performed remotely via transfer of data on CD -ROM, hardcopy documents, etc. Any requested on -site audits shall be conducted during normal business hours at Express Scripts offices, during the months of February through November. D. Other Express Scripts documentation (e.g. policies and procedures) requested during the course of the audit, other than that needed to determine the accuracy of Sponsor claims payments, will be provided at Express Scripts' reasonable discretion. E. Sponsor will be given data sufficient for Sponsor to determine that Express Scripts has billed Sponsor in accordance with contract terms for claims processing. F. Results of Express Scripts' most recent SAS -70 audit conducted by a national accounting firm will be provided upon request. The Sponsor Audit may not duplicate a SAS -70 control audit regarding areas for which Express Scripts has obtained a SAS -70 audit. However, this does not 109283v2 24 16E5 preclude Sponsor from obtaining a reasonable understanding from Express Scripts personnel of any areas covered within the SAS -70 audit. G. During the course of an audit, all data, including claims detail and any copies of claims (or compilations thereof) supplied by Express Scripts may be retained by Sponsor. 4. Auditing Rebates from Manufacturers A. The initial scope of any rebate audit may not exceed two (2) calendar quarters during the twelve month period immediately preceding the audit. In the event findings from the initial review period warrant an increase in calendar quarters to be reviewed, Express Scripts and Sponsor will mutually agree on a process by which additional calendar quarters may be reviewed by Sponsor. B. Express Scripts' contracts with pharmaceutical manufacturers for drug product rebates are highly confidential and proprietary. Nevertheless, Sponsor may audit payments under rebate contracts applicable to Sponsor, and may select five (5) initial manufacturer contracts to be audited, or such larger initial number of contracts that will enable Sponsor to audit fifty percent (50 %) of total rebate payments due to Sponsor. In the event findings from the initial rebate contract audits warrant an increase in the number of contracts to be audited, Express Scripts and Sponsor will mutually agree on a process by which additional contracts may be reviewed by Sponsor. C. Express Scripts will use reasonable best efforts to obtain manufacturer consent to disclose such contracts when such consent is required. In the event that a selected manufacturer declines to permit Sponsor to review the applicable rebate rate components, then Express Scripts will use its best reasonable efforts to secure permission from one or more additional manufacturers of Sponsor's choice which will enable Sponsor to meet the initial targets of five (5) manufacturer contracts and fifty percent (50 %) of total rebate payments as set forth in paragraph 4B above. D. Express Scripts will permit Sponsor to perform an on -site review of the applicable rebate rate components of the manufacturer rebate agreements which are relevant and necessary to audit the calculation of the rebate payments made to Sponsor by Express Scripts for the selected drugs. E. Sponsor should bring, or otherwise supply its independent auditor with, the most recent Allocation Report (PSG) or Sponsor Share Report (MS), which should be brought to the on -site rebate audit. Additional reasonable charges may occur if Express Scripts is asked to re- produce these reports. F. Sponsor will not be permitted to copy or retain any such manufacturer agreements (in part or in whole) or documents provided or made available by Express Scripts in connection with the rebate audit. Sponsor will be entitled, however, to take and retain notes to the extent necessary to document any identified exceptions. Express Scripts shall be entitled to review any notes to affirm compliance with this paragraph. 5. Verification or Explanation of Disputed Claims A. After Express Scripts has supplied the claims data, Sponsor will provide Express Scripts with a written exception report stating the entire error population, if any, and dollar amount associated with such errors. In addition to the written report, Sponsor will provide an electronic extrapolation of errors representative of the entire population of errors not to exceed an initial compilation of 200 (hereafter referred to as "representative sample "). 109283v2 25 16E5 B. Express Scripts will research and investigate the "representative sample" within thirty (30) days. If additional time is reasonably required, Express Scripts will notify Sponsor within these thirty (30) days. C. In the event findings warrant an increase in the representative sample of drug claims or the scope of the rebate audit period, Express Scripts and Sponsor shall mutually determine the scope of such increase. D. Overpayments or underpayments shall be promptly paid and /or credited by Express Scripts (or the Sponsor, as the case may be). No overpayments or underpayments shall be made that exceed the eighteen (18) months preceding the audit. E. Automatic closure of the audit will occur if Sponsor or Auditor fails to communicate research updates within 90 days of Express Scripts supplying the audit data. 109283v2 26 EXHIBIT D BUSINESS ASSOCIATE AGREEMENT Definitions. 16E5 (a) "Compliance Date(s)" shall mean the date established by HHS or the United States Congress for effective date of applicability and enforceability of the HIPAA Rules. (b) "Designated Record Set" shall mean a group of records maintained by or for Plan that is (i) the medical records and billing records about individuals maintained by or for Plan, (ii) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or (iii) used, in whole or in part, by or for Plan to make decisions about individuals. (c) " HIPAA Rules" means the collective privacy, transaction and security regulations promulgated pursuant to the Health Insurance Portability and Accountability Act, as codified at 45 CFR Parts 160, 162 & 164. (d) "Health Plan" or "Plan" shall have the same meaning as the term "Health Plan" in 45 CFR 160.103. (e) "Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(8). (f) "Protected Health Information" or "PHI" shall have the same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the information created or received by ESI from or on behalf of Plan. (g) "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, as they exist now or as they may be amended. (h) "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.501. (i) "Secretary' shall mean the Secretary of the Department of Health and Human Services or his designee. (j) "Security Standards" shall mean the Security Standards, 45 C.F.R. parts 160, 162 and 164, to be effective no later than April 20, 2005, as they exist now or as they may be amended. (k) "Transaction Standards" shall mean the Standards for Electronic Transactions, 45 C.F.R. 160 and 162, as they exist now or as they may be amended. Terms used, but not otherwise defined, in this Addendum shall have the same meaning as those terms in 45 CFR §§ 160.103 and 164.501. 2. General Use and Disclosure Provisions. ESI and the Plan acknowledge and agree as follows: (a) Except as otherwise limited in this Agreement, ESI may use and disclose PHI to properly provide, manage and administer the services required under the PBM Agreement and consistent with applicable law to assist the Plan in its operations, as long as such use or disclosure would not violate the HIPAA Rules if done by the Plan. (b) ESI will take reasonable efforts to limit requests for, use and disclosure of PHI to the minimum necessary to accomplish the intended request, use or disclosure. 109283v2 27 16E5 (c) Except as otherwise limited in this Agreement: (i) ESI may use PHI for the proper management and administration of ESI or to carry out ESI's legal responsibilities. (ii) ESI may disclose PHI to third parties for the proper management and administration of ESI or to carry out the legal responsibilities of ESI, provided that the disclosures are Required by Law, or ESI obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies ESI of any instances of which it is aware in which the confidentiality of the information has been breached. (iii) ESI may use PHI to perform Data Aggregation services on behalf of the Plan as permitted by 45 CFR 164.504(e)(2)(i)(B). (d) ESI agrees to promptly notify the Plan if ESI has knowledge that PHI has been used or disclosed by ESI in a manner that violates applicable law. (e) ESI agrees to use appropriate safeguards, consistent with applicable law, to prevent use or disclosure of PHI in a manner that would violate this Agreement. ESI shall provide the Plan with such information concerning such safeguards as the Plan may reasonably request from time to time. (f) ESI agrees to mitigate, to the extent practicable, any harmful effect that is known to ESI of a use or disclosure of PHI by ESI in violation of this Agreement or the PBM Agreement. (g) ESI agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from, or created or received by ESI on behalf of the Plan agrees to the same restrictions and conditions that apply through this Agreement to ESI with respect to such information. (h) Within fifteen (15) business days of a request from the Plan, ESI shall provide access to the Plan to PHI in a Designated Record Set in order to meet the requirements under 45 CFR 164.524. If ESI receives a request directly from an Individual, or if the Plan requests that access be provided to the Individual, ESI shall provide access to the Individual to PHI in a Designated Record Set within thirty (30) days in order to meet the requirements under 45 CFR 164.524. (i) Within sixty (60) days of a request of the Plan or subject Individual, ESI agrees to make any appropriate amendment(s) to PHI in a Designated Record Set that the Plan directs or agrees to pursuant to 45 CFR 164.526. (j) Within thirty (30) business days of a proper request by the Plan, ESI agrees to document and make available to the Plan, for a reasonable cost -based fee (under conditions permitted by HIPAA if an Individual requests an accounting more than once during a twelve month period), such disclosures of PHI and information related to such disclosures necessary to respond to such request for an accounting of disclosures of PHI, exclusive of those disclosures for payment, treatment or healthcare operations, in accordance with 45 CFR 164.528. Within sixty (60) days of proper request by subject Individual, ESI agrees to document and make available to the Individual the information described above. ESI shall retain copies of any accountings for a period of six (6) years from the date the accounting was created. (k) Within fifteen (15) business days of a request of the Plan, ESI agrees to evaluate a request to restrict the use or disclosure of PHI on behalf of an Individual in accordance with 45 CFR 164.522. (1) ESI agrees to make internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by ESI on behalf of, the Plan available to the Plan 109283v2 28 16E5 within ten (10) business days, or at the request of the Plan or the Secretary of HHS ( "Secretary'), to the Secretary in a time and manner directed by the Secretary, for purposes of the Secretary determining the Plan's compliance with the HIPAA Rules. 3. Plan Oblications. (a) Plan shall notify ESI of any limitation(s) in the notice of privacy practices of Plan in accordance with 45 C.F.R. §164.520, to the extent that such limitation may affect ESI's use or disclosure of PHI. (b) Plan shall notify ESI of any changes in, or revocation of, permission by an Individual to use or disclose PHI, to the extent that such changes may affect ESI's use or disclosure of PHI. (c) Plan shall notify ESI of any restriction to the use or disclosure of PHI that Plan has agreed to in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect EST's use or disclosure of PHI. (d) Plan shall not request that ESI use or disclose PHI in any manner that would exceed that which is minimally necessary under the HIPAA Rules or that would not be permitted by a Covered Entity. 4. Transactions Standards. The HIPAA Rules provide for certain Transactions Standards for transfer of data between trading partners. While certain of the standards may or may not be adopted by the Plan (e.g., for eligibility), ESI will be prepared to accept the following in accordance with 45 CFR Part 162.1502: ASC X12N 834 — Benefit Enrollment and Maintenance. In addition, to the extent applicable, ESI shall comply with other applicable transactions standards for claims processing functions between ESI and provider pharmacies. The parties each hereby agree that it shall not change any definition, data condition or use of a data element or segment in a standard, add any data elements or segment to the maximum defined data set, use any code or data elements that are either marked "not used" in the standard's implementation specification or are not in the implementation specification, or change the meaning or intent of the implementation specification. 5. Security Standards. No later than April 20, 2005, to the extent that ESI creates, receives, maintains or transmits electronic PHI, ESI shall: (a) Implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic PHI that ESI creates, receives, maintains or transmits on behalf of the Plan as required by the Security Standards; (b) Ensure that any agent, including a subcontractor, to whom ESI provides Electronic PHI agrees to implement reasonable and appropriate safeguards to protect the PHI; and (c) Report to Plan any Security Incident involving Electronic PHI of which ESI becomes aware. 6. Breach. Termination. (a) Without limiting the termination rights of the parties pursuant to the PBM Agreement, upon the Plan's knowledge of a material breach by ESI of this Agreement, the Plan shall notify ESI of such breach and ESI shall have thirty (30) days to cure such breach. In the event ESI does not cure the breach, or cure is infeasible, the Plan shall have the right to immediately terminate this Agreement and the PBM Agreement. If cure of the material breach is infeasible, Plan shall report the violation to the Secretary. (b) To the extent feasible, upon termination of the PBM Agreement for any reason, ESI shall, and shall cause any subcontractors and agents to, return or destroy and retain no copies of all PHI received from, or created or received by ESI on behalf of, the Plan. If return or destruction of such 109283v2 29 16E5 information is not feasible, ESI shall continue to limit the use or disclosure of such information as set forth in this Agreement as if the PBM Agreement had not been terminated. 7. Indemnification. ESI will indemnify and hold harmless Plan from and against any claim, cause of action, liability, damage, cost or expense, including reasonable attorneys' fees and court or proceeding costs, arising out of or in connection with any (a) unauthorized use or disclosure of PHI, (b) failure in security measures affecting PHI (after the Security Standard Compliance Date); or (c) other material breach of the terms of this Agreement by ESI or any person or entity under ESI control. Indemnification is conditioned upon the Plan notifying ESI in writing promptly upon learning of any claim for which indemnification may be sought hereunder, and shall tender the defense of such claim to ESI. ESI shall not be required to indemnify Plan if any claim is settled without EST's consent. Miscellaneous. (a) Amendment. The parties acknowledge that the foregoing provisions are designed to comply with the mandates of the HIPAA Rules. Should the provisions of the HIPAA Rules change or be amended after the date of this Agreement, the parties shall engage in negotiations to amend the provisions of this Agreement to comply with such changes or amendments. If the parties fail to agree on reasonable amendment to the provisions of this Agreement, either party may terminate this Agreement upon ninety (90) days written notice. (b) Effect on PBM Agreement. Except as relates to the use, security and disclosure of PHI and electronic transactions, this Agreement is not intended to change the terms and conditions of, or the rights and obligations of the parties under, the PBM Agreement. (c) No Third -Party Beneficiaries. Nothing express or implied in the PBM Agreement or in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever. (d) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the Plan to comply with the HIPAA Rules. (e) Effective Date. This Agreement shall be effective as of the applicable Compliance Dates or the effective date of the PBM Agreement, whichever is later. 109283v2 30 16E5 EXHIBIT E FINANCIAL DISCLOSURE TO ESI PBM CLIENTS Express Scripts is a provider of pharmaceutical benefits management ("PBM ") and other related services to thousands of client groups including managed care organizations, health insurers, employer groups, third party administrators and government entities. Express Scripts' subsidiary companies, some of which provide services related to supporting our PBM services, include ESI Mail Pharmacy Service, Inc., CuraScript Pharmacy, Inc., Express Scripts Specialty Distribution Services, Inc., and Phoenix Marketing Group, LLC. This disclosure provides an overview of the revenue sources that allow us to deliver competitive pricing arrangements to our clients. Express Scripts offers its clients, either directly or through its subsidiary companies, a variety of services related to the management of prescription drug benefits. The specific services provided to each client are documented under the Pharmacy Benefit Management Agreement, or other similar agreement, with our client. Express Scripts' PBM services typically include claims processing and adjudication, pharmacy network contracting and management, formulary development and management, rebate management and administration, trend management, and clinical program development and fulfillment. Some of our clients also utilize our mail service pharmacy to provide their members with convenient access to safe and affordable prescription drugs through home delivery. In addition to the administrative fees paid to us by our clients for these core PBM services, Express Scripts derives revenue from other sources, including arrangements with pharmaceutical manufacturers and retail pharmacies. Some of this revenue relates to utilization of products by members of the clients for whom we provide PBM services. Network Pharmacies — Express Scripts contracts for its own account with retail pharmacies to dispense prescription drugs to members of the clients for whom we provide PBM services. The rates paid by Express Scripts to these pharmacies differ from one network of pharmacies to the next, and among pharmacies within a network. Express Scripts generally contracts with clients to be paid an ingredient cost for drugs dispensed in a given retail network selected by the client at a uniform rate that applies to all pharmacies in the selected network. Thus, where the rate paid by a client exceeds the rate negotiated with a particular pharmacy, Express Scripts will realize a positive margin on the applicable prescription. The reverse may also be true, resulting in negative margin for Express Scripts. In addition, when Express Scripts receives payment from a client before payment to a pharmacy is due, Express Scripts retains the benefit of the use of the funds between these payments. Manufacturer Rebates and Associated Administrative Fees — Express Scripts contracts for its own account with pharmaceutical manufacturers to obtain rebates attributable to the utilization of certain prescription products by individuals who receive benefits from clients for whom we provide PBM services. Rebate amounts vary based on the volume of utilization as well as the benefit design and formulary position applicable to utilization of a product. Express Scripts often pays all or a portion of the rebates it receives to a client based on the client's PBM services agreement. Express Scripts retains the financial benefit of the use of any funds held until payment is made to a client. In connection with our maintenance and operation of the systems and other infrastructure necessary for managing and administering the rebate process, Express Scripts also receives administrative fees from pharmaceutical manufacturers participating in the rebate program discussed above. The services provided to participating manufacturers include making certain drug utilization data available, as allowed by law, for purposes of verifying and evaluating the rebate payments. The administrative fees paid to Express Scripts by manufacturers for participation in the rebate program do not exceed 3.5% of the AWP of the rebated products. Pharmacy Dispensing and Distribution — Express Scripts has several licensed pharmacy subsidiaries, including our specialty pharmacies. These entities purchase prescription drug inventories, either directly from manufacturers or from drug wholesalers, for dispensing to patients or for distribution to physician offices. Purchase discounts off the acquisition cost of these products are made available by manufacturers in the form of both up -front and retrospective discounts. Such discounts are not considered part of the rebates paid to Express Scripts by manufacturers in connection with our rebate program. While rebates are directly attributable to the utilization of pharmaceutical products by 109283v2 31 16E5 individuals who receive benefits from clients for whom we provide PBM services, product acquisition price discounts are based on a pharmacy's inventory needs and, in the case of specialty pharmacies, the performance of related patient care service obligations. The purchase discounts obtained by these facilities are not based on any client's benefit design. When an Express Scripts subsidiary pharmacy dispenses or distributes a product from its inventory, the purchase price paid for the dispensed product, including applicable dispensing fees, may be greater or less than the pharmacy's acquisition cost for the product net of purchase discounts. In general, our pharmacies realize an overall positive margin between this net acquisition cost and the amounts paid for the dispensed products. Pharmaceutical Program Services — Our specialty pharmacies, including CuraScript Pharmacy, Inc. and Express Scripts Specialty Distribution Services, Inc., receive compensation from manufacturers for their administration of programs related to the distribution of certain pharmaceutical products. This compensation is based on the fair market value of the services provided and is unrelated to the drug formulary development process or drug utilization applicable to the clients for whom we provide PBM services. Examples of these services include (i) administering patient assistance programs for indigent patients; (ii) administering product sample distribution programs; and (iii) dispensing prescription medications to patients enrolled in clinical trials. Data Reporting — Express Scripts sells certain data resulting from its PBM and pharmacy services to healthcare data aggregators and similar entities from time to time. We do not sell any data unless we are permitted to do so by the terms of our client contract and by applicable patient privacy laws. In addition, as a condition to receiving access to certain products, a specialty pharmaceutical manufacturer often will require a purchasing specialty pharmacy to report selected information to the manufacturer regarding the pharmacy's service levels and other de- identified dispensing - related data with respect to patients who receive such manufacturer's product. A portion of the discounts or other compensation made available to our specialty pharmacies represents compensation for such reporting. All such reporting activities are conducted in compliance with applicable patient privacy laws. Other Pharmaceutical Manufacturer Services — Phoenix Marketing Group, LLC specializes in the provision of sample fulfillment, sample accountability, alternative sampling, direct mail fulfillment, and literature fulfillment services for pharmaceutical manufacturers. Because its services involve only warehousing and fulfillment - related functions, this subsidiary entity does not review products clinically and it never uses, sells or has access to Express Scripts' client or member information. Compensation paid to Phoenix Marketing Group, LLC by pharmaceutical manufacturers is based on the fair market value of such services, as established most often through an "RFP" process, and any such compensation is unrelated to the drug formulary development process or drug utilization applicable to the clients for whom Express Scripts provides PBM services. July, 2005 THIS EXHIBIT REPRESENTS ESI'S CURRENT FINANCIAL POLICIES. THIS EXHIBIT MAY NOT BE REVISED OR MODIFIED. ESI MAY PERIODICALLY UPDATE ITS FINANCIAL DISCLOSURES TO REFLECT CHANGES IN ITS BUSINESS PROCESSES. 109283v2 32 EXHIBIT F PERFORMANCE STANDARDS In the event that any failure by ESI to meet any performance standard is due to a "force majeure" as defined in the Agreement, failure of Sponsor to perform its obligations under the Agreement, or actions or inactions of Sponsor that adversely impact ESI's ability to maintain the subject standard (e.g., faulty eligibility, changes in benefit design not adequately communicated to Members and benefit designs that substantially change the Members' rights under the Plan), ESI shall be excused from compliance with such performance standards until such circumstances have been resolved and any existing backlogs or other related effects have been eliminated. If this Agreement is executed prior to the Effective Date, the performance standards will be effective from the date of implementation. In the event the plan is implemented without a signed contract, the performance guarantees will become effective the first calendar quarter following ESI's receipt of this executed Agreement. Annual maximum penalties will be pro rated for any year for which the effective measurement year is less than twelve months. All performance standards are for the Initial Term of this Agreement. The performance standards will be measured beginning on the date of implementation. No performance penalties, if any, shall be paid until this Agreement is executed by Sponsor. In no event shall the sum of the payments to Sponsor as a result of ESI's failure to meet the performance standards exceed $17,500 annually. The following performance standards are based on a minimum Member count of 4,000 on the Effective Date. Any material change below such number may result in a renegotiation of the standards and penalties set forth below. Within forty -five (45) business days after the end of each measurement period, ESI shall provide Sponsor with a report (i) assessing ESI's performance under each performance standard, and (ii) if ESI did not meet a performance standard, calculating the applicable amount due to Sponsor. Amounts due, if any, shall be paid to Sponsor on an annual basis within 90 days of each anniversary of the Agreement. 109283v2 33 16E5 Call Center Service Feature Customer Service Call - Average Speed of Answer Standard ESI guarantees that the customer service average call response time will be 30 seconds or less with the exception of a failure in a third party communication system. This standard excludes call volume for the month of January. Express Scripts Member Choice Center calls will be excluded from this standard. This standard is predicated on the installation of a toll free telephone number unique to Sponsor. Penalty The maximum annual penalty will be $2,500. Based on the annual average speed of answer result, Express Scripts will pay Sponsor according to the following penalty scale: Avg. Speed Penalty 0 -30 0 31 -40 $625 41 -45 $1,250 46+ $2,500 This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. 109283v2 34 16E5 Call Center Service Feature Customer Service Response Time — Blockage Rate (Busies) Standard ESI will guarantee a blockage rate of 3% or less with the exception of a failure in a third party communication system. Blockage is defined as a caller receiving a busy signal. Express Scripts Member Choice Center calls will be excluded from this standard. This standard is predicated on the installation of a toll -free number unique to Sponsor. Penalty The maximum annual penalty will be $2,500. Based on the annual blockage percentage result, ESI will pay Sponsor according to the following penalty scale: Avg. Speed Penaltv <3% 0 4% $625 5% $1,250 >6% $2,500 This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. 109283v2 35 16E5 Call Center Service Feature Customer Service Response Time - Percent of Calls Abandoned Standard ESI guarantees that the call abandonment rate will be 5% or less unless the failure is due to a failure in a third -party telecommunication system. The abandonment rate does not include calls terminated by members in less than 30 seconds. This standard is predicated on the installation of a toll -free number unique to Sponsor. Express Scripts Member Choice Center calls will be excluded from this standard. Penalty The maximum annual penalty will be $2,500. Based on the annual percentage of calls abandoned, ESI will pay Sponsor according to the following penalty scale: Avq. Speed Penalty 0 -5% 0 6 -9% $625 10 -14% $1,250 >15% $2,500 This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. Mail Service Service Feature Dispensing Accuracy Standard Whereas ESI strives for 100% accuracy, ESI guarantees 99.9% accuracy in dispensing the correct drug, strength, and dosage, unless the error is a prescriber error. Penalty ESI will pay Sponsor $625 for each full percentage point in which the annual dispensing accuracy is below 100 %. The maximum annual penalty will be $2,500. This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. 109283v2 36 16E5 Mail Service Service Feature Turnaround Time for Routine Mail Service Prescriptions Standard ESI guarantees dispensing and shipping (or return) of prescriptions not subject to intervention with an annual average of 3 business days of receipt of the order at EST's Pharmacy. "Interventions" include calls to members or prescribers to clarify the prescriber's direction, to obtain consent for formulary programs, generic or therapeutic substitution, or otherwise. Penalty ESI will pay Sponsor $625 for each full day the annual average turnaround time for mail service prescriptions exceeds 3 business days. The maximum annual penalty will be $2,500. This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. Mail Service Service Feature Turnaround Time for Mail Service Prescriptions Subject to Intervention Standard ESI guarantees dispensing and shipping (or return) of prescriptions subject to intervention within an average of 5 business days of receipt of the order at EST's Pharmacy. Penalty ESI will pay Sponsor $625 for each full day the annual average turnaround time for mail service prescriptions exceeds 5 business days. The maximum annual penalty will be $2,500. This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. 109283v2 37 16E5 Data Systems Service Feature Data Systems Availability & Adjudication Standard ESI guarantees 99% availability of the point of sale adjudication system, except for daily scheduled maintenance and telecommunications failure. Penalty For each full percentage point which the yearly average of the on -line computer systems availability is below 99 %, ESI will pay Sponsor $625. The maximum annual penalty for availability and adjudication will be $2,500. This standard will be monitored and reported quarterly. Any applicable penalties will be paid annually based on the annual average. 109283v2 38 16E5 EXHIBIT G BROKER/CONSULTANT OF RECORD AUTHORIZATION ESI will pay a quarterly commission to Willis Americas Administration, Inc. for broker activities performed, and Sponsor acknowledges, directs, and consents to the same. Additional information regarding this commission payment will be provided to Sponsor by ESI upon written request. ESI reserves the right to discontinue payments to broker at any time in accordance with the terms and conditions set forth in that certain broker services agreement between ESI and the broker. 109283v2 39 16E6 FLY F NLVA _ s V 1 Date: May 19, 2006 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract No. 05 -3748R "On -site Primary Care Health Services" Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E6) approved by the Board of County Commissioners on Tuesday, November 15, 2005. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosures (3) ITEM NO.: FILE NO.: /' �6 - ��` _ 001�63 ROUTED TO' DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: Monday, May 15, 2006 To: Office of the County Attorney Attention: Robert Zachary From: Linda Jackson Best, Contract Speci ist Purchasing Department, Extension 8990 Support Services Division DATE RECEIVED: �r 16 E t'011JN 1 Y AT T ORND 2906 MAY 15 PM 2: 50 Re: Review of Contract No. 05- 3748R, "On -Site Primary Care Health Services" BACKGROUND OF REQUEST: The Contract was approved by the BCC on November 15, 2005; Agenda Item ( 16 )(E )(6 ). Due to multiple delays regarding proper insurance coverage and subsequent discussions between Vocatus, Purchasing and Risk Management, the Contract is just now being routed. Please note that at the time of award, Commissioner Coyle was the acting Chairman. This item has not been previously submitted. ACTION REQUESTED: Please review the Agreement for Legal Sufficiency, upon your written authorization; please forward the Agreement to the BCC for review and „ A(-Z- signature. U OTHER COMMENTS: 16E6 MEMORANDUM TO: Sheree Mediavilla 0 Risk Management Department OWE grCrlo FROM: Linda Jackson Best, Contracts Specialist MAY 15 2OX Purchasing Department kFSK DATE: Monday, May 15, 2006 RE: Contract No. 05- 3748R, Request for Review of Insurance Awardee: Vocatus Medical Management Services of Naples The Contract was approved by the BCC on November 15, 2005; Agenda Item (16)(E )(6 ). Due to multiple delays regarding proper insurance coverage and subsequent discussions between Vocatus, Purchasing and Risk Management, the Contract is just now being routed. Please review the Insurance Certificate in this Agreement for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990. Thank you. 16E6 AGREEMENT No. 05- 3748R, "On -Site Primary Care Health Services" THIS AGREEMENT, made and entered into on this 15th day of November 2005, by and between Vocatus Medical Management Services of Naples, authorized to do business in the State of Florida, whose business address is, 5840 Shady Oaks Lane, Naples, FL 34119 thereinafter called the "Provider" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The Provider shall commence the work upon receipt of the Notice to Proceed, in the form of a letter from the Contract Administrator, approximately ninety (90) days prior to substantial completion of the onsite primary care facilities. The County may, at its discretion and with the consent of the Provider, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Provider written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Provider shall provide health care services in accordance with the terms and conditions of RFP #05- 3748R, On -Site Primary Care Health Services ", and the Provider's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Provider for the performance of this Agreement an estimated maximum amount of three hundred sixty seven thousand, two hundred, ninety six dollars ($367,296.00), based on the unit prices set forth in the Provider's proposal, subject to Change Orders as approved in advance by the County. 4. CONSIDERATION. Upon receipt of the Notice To Proceed, the County will release eighteen thousand, three hundred sixty four dollars and eighty cents ($18,364.80), which is equal to five percent (5 %), of the estimated maximum amount referenced in Section 3, above, to the Provider. 5. NOTICES. All notices from the County to the Provider shall be deemed duly served if mailed or faxed to the Provider at the following address: Vocatus Medical Management Services P.O. Box 8523 Naples, FL 34101 -8523 FAX: 239 - 514 -8260 Attention: Dr. Richard Otto 1 16E6 All Notices from the Provider to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 FAX: 239.732 -0844 Attention: Steve Carnell The Provider and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Provider or to constitute the Provider as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Provider. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Provider. The Provider shall also be solely responsible for payment of any and all taxes levied on the Provider. In addition, the Provider shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Provider agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Provider. 8. NO IMPROPER USE. The Provider will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Provider or if the County or its authorized representative shall deem any conduct on the part of the Provider to be objectionable or improper, the County shall have the right to suspend the contract of the Provider. Should the Provider fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Provider further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 4 16E6 9. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 10. TERMINATION. Should the Provider be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 11. NO DISCRIMINATION. The Provider agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Provider shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Providers; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability Insurance: The Provider shall maintain Insurance to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 3 16E6 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Provider during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Provider shall insure that all sub - Providers comply with the same insurance requirements that he is required to meet. The same Provider shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Provider or Provider shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Provider or anyone employed or utilized by the Provider in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Risk Management Department. 15. CONFLICT OF INTEREST: Provider represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Provider further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Provider's Proposal, Insurance Certificate, and RFP #05- 3748 "On -Site Primary Care Health Services ". 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 16E6 IN WITNESS WHEREOF, the Provider and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By fi Attest s 16 chairWAR k i (Irla U" bat M Dated' q 30 C� First Witness b &4E6 Type/ print witness name Second Witness er f*a;,) 14Y'nalq' Type/ print witness name Approved as to form and Legal suffic' R bert . :ounty ary Assistant Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B-- w. Y� Fred W. Coyle, Chairman Vocatus Medical Management Services of Naples, Florida By: G Signature R \c r--) - c�,T-c ►ti`s Typed signature and title Item # I Agenda _ l -5—f5:� Date Date �', A Redd "�' 16E6 May 27`', 2005 To: Purchasing Department Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 From: Vocatus Medical Management Services P.O. Box 8523 Naples, Florida 34101 -8523 16E6 PROPOSAL SUBMISSION BY VOCATUS MEDICAL MANAGEMENT SERVICES RFP # 05 -37488 "ONSITE PRIMARY CARE HEALTH SERVICES" DUE DATE JUNE 3rd, 2005 16E6 I. Introduction II. Definitions III. Company description (Firm Overview) IV. Providers (Firm Background) V. Goals VI. Delineation of Services (Firms Ability) A. Primary Care B. Wellness Program C. Administrative Services VII. Clinic Setup VIII. Description of operational Logistics (Firms Ability) IX. Marketing X. Financial Analysis (Price Proposal) A. Staffing Costs B. Reimbursable Costs C. Start Up Costs XI. Financial Proposal (Price Proposal) XII. Additional Financial Incentives XIH. Questionnaire review XIV. Conclusion 16E6 INTRODUCTION The Naples health care market in recent years has been a challenging one from the perspective of both patients and third parry payers. Because of the rapidly growing population access to primary care has been difficult. Patients have had to turn to the local emergency rooms and urgent care clinics for immediate needs. Routine care and chronic illness management have been neglected. Since the health care delivery system is overwhelmed there is little competitive pressure. Third party payers have been required to reimburse at higher levels keeping premiums higher and at a greater expense to local businesses and self insured plans such as the County's. This is in addition to the ongoing escalation of health care costs in this country. The County's vision for improving health care delivery to its employees is both refreshing and exciting. Refreshing in that an employer is willing to confront the healthcare issues at hand and be proactive in providing adequate health care coverage for its employees. Exciting in that there exists a great opportunity to take a defined population of patients and create an environment of wellness and careful disease management. The sporadic and disorganized care that currently exists for the County's employees can be eliminated. County employees will now have a place to go to get the health care they need when it otherwise may not be available to them. Wellness and disease management can be optimized while costs are monitored and contained. Vocatus Medical Management Services (VMMS) has recognized and dealt with these very same issues. Our companies have been very successful in improving patient's health while containing inpatient care costs through a model similar to what the County is proposing. VMMS also has the experience in providing health care to the local population where health care was previously not available. Patients are brought into a system where their health is stabilized and brought under control. The patients are then referred to other local health care practitioners for ongoing management. As a result VMMS has gained extensive experience in using the local health care services and managing these to the patients' advantage in a cost effective manner. VMMS has also recognized as the County has the need for a more organized, patient centered focus in outpatient care. For this reason VMMS has expanded their services during this past year to include a comprehensive outpatient delivery system. We therefore feel a special interest in coming on board with an entity of similar thinking that would allow us to partner in solving these problems. Our proposal as outlined below we feel is an excellent beginning in developing an effective health care delivery system. A system that will be effective in working with and supplementing patient's current health care providers in maintaining a healthy population. A system using a cost effective approach and as a result may become a model for others to follow. 16E6 DEFINITIONS 1. CHP = Community Health Partners 2. CLIA = Clinical Laboratory Improvement Amendments 3. Population = The covered employees included in this proposal. 4. RFP = Request for proposal, refers to the RFP # 05 -3748R - "Onsite Primary Care Health Services ". 5. VMMS = Vocatus Medical Management Services, the Proposer. 16E6 COMPANY DESCRIPTION (FIRM OVERVIEW) Vocatus Medical Management Services (VMMS) manages the practices of physician groups who provide various medical services in southwest Florida The initial mission of the company was to meet the needs of inpatient primary care in Naples. Before VMMS, inpatient care in Naples was very disorganized and fragmented. VMMS brought consistency and continuity to these patients. The benefits of the care rendered by VMMS has been acknowledged and accepted by the community and embraced by fellow medical practitioners. As a result of the success of VMMS the company now provides the care for nearly 30% of all admissions to Collier County hospitals and virtually 50% of all inpatient primary care. VMMS has recently expanded into both Lee and Charlotte counties with rapidly growing programs in both locations. Gross billings for the primary care services of VMMS now exceeds $8,000,000 per year. The companies of VMMS started in Naples 5 years ago. The company was initially formed as South Florida Inpatient Medical Specialists ( SFIMS). SFIMS provides inpatient primary care services to Naples Community Hospital and North Collier Hospital. Coastal Hospitalists was then formed about 2 years ago to provide inpatient primary care services to Fort Myers and Port Charlotte area hospitals. The physicians of SFIMS and Coastal Hospitalists have recognized a continuing lack of adequate outpatient services for its patients. As a result the companies have taken a proactive approach in expanding their services to include outpatient primary care. VMMS was formed one year ago to organize these services under one company. During this past year an outpatient office was established on Central Avenue in Naples. Construction is also under way on a 20,000 square foot facility on Immokalee Road in Naples that will house an S physician primary care practice. Our vision is to create a high quality primary care health delivery system that keeps pace with the rapidly changing needs of the community. We will stay patient focused yet remain cost effective without compromising the needs of the patient. OUR MISSION STATEMENT To provide comprehensive primary care services in a caring environment, promoting and sustaining the health of our communities. 16E6 PROVIDERS (FIRM BACKGROUND) Specific individuals dedicated to the success of the clinic will be brought in to staff the clinic. Initially this will include a Florida licensed Nurse Practitioner. If volume should expand beyond the capability of the nurse practitioner other providers could be used within the VMMS organization until additional arrangements could be worked out with the county. Currently VMMS has an existing location on Central Avenue in Naples and is building an office on Immokalee Road in North Naples. The current clinical and administrative staff are as follows: Dr. Richard Otto, M.D. -- See attached Curriculum Vitae Dr. Otto is founder and owner of VMMS. He has been in practice for 16 years. Dr. Otto started his career as a general internal medicine physician in Oregon developing a successful primary care practice. He then moved to South Carolina where he and two other physicians developed a thriving Hospitalist practice. After three years in South Carolina Dr. Otto moved to Naples to locate closer to family and has spent his last 5 years practicing both inpatient and out patient internal medicine. Dr. Otto also owns South Florida Inpatient Medical Specialists and Coastal Hospitalists. These are two inpatient practices employing 16 physicians covering hospitals from Naples to Port Charlotte. VMMS was formed recently by Dr. Otto to organize and manage these practices along with the continuing development of the outpatient practices. Dr. Stephen Karman, M.D. Dr. Karman is co owner of South Florida Inpatient Medical specialists with Dr. Otto. He came to Naples 4 years ago and is a solid, steady member of the community, He has been practicing both inpatient and outpatient medicine. Dr. Karman has been active with the local health care community including working with local home health care agencies. Other provider members of VMMS include: Dr. Robert Sadaty, M.D. Dr. Fred Paola, M.D. Dr. Matthew Powers, M.D. Dr. Peter Norton, M.D. Dr. Linell King, M.D. Dr. Sunil Pandya, M.D. Dr. Ritha Chea, M.D. Dr. Natalia Keyser, M.D. Internal Medicine - Naples Internal Medicine - Naples Internal Medicine - Naples Internal Medicine - Naples Internal Medicine - Naples Internal Medicine/Pediatrics - Naples Internal Medicine/Pediatrics - Naples Internal Medicine - Naples Dr. Alan Singer Dr. Arturo Krupa Dr. Robin Roth Dr. Mary I Foley, D.O. Dr. Kevin Berger, M.D. Dr. Vimal Patel, M.D. Dr. Bonnie Rashid, M.D. Dr. William McGrogan, I Dr. Roy Sexton, M.D. Internal Medicine - Naples Internal Medicine - Naples Internal Medicine - Naples Family Practice - Naples Internal Medicine - Fort Myers Internal Medicine - Fort Myers Internal Medicine - Fort Myers J.D Internal Medicine - Port Charlotte Internal Medicine - Port Charlotte Dr. Gerardo Garcia, M.D_ Marjorie Williams, P.A. Managerial Staff of VMMS includes: Vickie Greene -- Business Manager Internal Medicine - Port Charlotte Physician's Assistant - Naples 16E6 Vickie Greene is the overall manager of VMMS and the companies that VMMS manages. She has over 11 years of office management experience. Her duties in the past have included all aspect of medical office functions including personnel, bookkeeping, banking, office accounting, purchasing of supplies, billing and collections, medical coding and the day to day running of a medical office. Vickie has also had extensive experience in managing office medical and minor surgical procedures. She was instrumental in setting up the outpatient offices of VMMS including the acquisition of all licenses, CLIA certificates and purchasing of the initial office equipment. Linda Pidgeon -- Personnel Manager and Physician Liaison Linda has been with the companies of VMMS for over 3 years. Linda has served as the company business manager for two years before specializing in personnel management. Linda has outstanding people skills and has been a key factor in the company's success in hiring a skilled and dedicated staff. Before coming to VMMS Linda had over 12 years of medical office experience managing a multi- physician practice in Tamarac, Florida. Gail Aleine -- Assistant business manager Gail has over 20 years of medical office experience. She started as a medical assistant and worked up quickly to become the office manager of the practice. This was a position that she held for many years. Gail started with VMMS five years ago during its inception as the original business manager. She was the individual responsible for administrative and clinical set up of the practice. Gail purchased and implemented the practice management software and is intimately familiar with all aspects of the company's computer software operations. Gail now works as the assistant business manager. She assists with new employee training along with filling in with insurance claims follow up as needed. 16E6 VMMS employs a total staff of 34 individuals who help maintain a smooth running operation. The various employees of VMMS have had extensive experience in medical management, billing, collections and patient care. We strive to remain current with recent developments and trends in the health care field by regularly attending continuing medical education programs and medical office management workshops. Based on their training and experience the physicians and staff or VMMS are more than capable of developing and operating a primary care practice. The recent successes of the company in developing such practices lend proof to the capability of the company management and personnel. 16E6 CURRICULUM vrrAE RICHARD DREW OTTO, M.D. GENERAL INFORMATION Address: P.O. Box 8523 Naples, Florida 34101 -8523 Telephone: 239 -594 -9201 Date of Birth: June 1, 1959, Place of Birth: Joliet, Illinois CURRENT POSITION Self eurployed as a HospitalistJPrimary Care Internal Medicine Physician Managing Partner for the companies listed below Companies owned: Vocatus Medical Management Services P.O. Box 8523 Naples, Florida 34101 Management company for outpatient primary care services in Naples, Florida and provides management for the companies listed below. South Florida inpatient Medical Specialists P.O. Box 8523 Naples, Florida 34101 Providing Hospitalist services for the Naples, Florida area Coastal Hospitalists P.O. Box 7967 Naples, Florida 34I01 Providing Hospitalist services for the Ft. Myers and Port Charlotte, Florida area Committee appointments: Professional Capabilities Committee, Naples Community Hospital Subsection Chief of Hospitalists, Naples Community Hospital Pharmacy and therapeutics Committee, Naples Community Hospital Medical Informatics Committee, Naples Community Hospital Pharmacy and Therapeutics Committee, SWFRMC Medical Director Best Choice Home Health Care Agency HORUAL PRIVJIXGES Naples Community Hospital Naples, Florida North Collier Hospital Naples, Florida 16E6 Southwest Florida Regional Medical Center Fort Myers, Florida Gulf Coast Community Hospital Fort Myers, Florida PREVIOUS MEDICAL EXPERIENCES Private Hospitaiist practice February 1, 1997 through January 31S% 2000 Carolina Health Specialists 4615 Oleander Drive, Suite 201 A, Myrtle Beach, South Carolina 29577 Private Practice in general internal medicine 1989 -1997 Bay Clinic, 1750 Thompson Road, Coos Bay, Oregon 97420 Clinical Assistant Professor Department of Medicine Division of Internal Medicine Oregon Health Sciences University From about June 1992 to January 1997 Medical Director of Respiratory Therapy at the Bay Area Hospital Coos Bay, Oregon From August 1989 to January 1997 Medical Director at St. Catherine's Nursing Home North Bend, Oregon From August 1992 to January 1997 Medical Director ofthe Bay Area Hospital Home Health Agency Coos Bay, Oregon From 1995 the 1997 Consulting intemist at Lower Umpqua Hospital ReedspoM Oregon From 1992 through 1997 OTHER MEDICAL EXPERtEtyc:t;� President of the Southwestern Oregon Medical Society 1991 and 1992 Chairman Department of Medicine Bay Area Hospital January 1995 through December 1996 Member of the Bay Area Hospital Critical Care Committee August 1989 through January 1997 Member of the CredadWs Committee at Conway Hospital 1998 and 1999. EDUCATION Fellowship: Critical Care Medicine From July 1988 through June 1989 University of Health Sciences! The Chico Medical School Division of Critical Care Medicine 3333 Green Bay Road North Chicago, Illinois 60064 16E6 Residency: Internal Medicine From July 1985 through June 1988 Greenville Hospital System 701 Grove Road Greenville, South Carolina 29605 Medical School: University of Illinois at Chicago From August 198I through June 1985 1853 West Polk Street 109 CMW Box 6998 !Chicago, Illinois 60680 Undergraduate University of Illinois at Urbana education From August 1978 through June 1981 Bachelor of Sciences Degree in Chemistry MEDICAL ACHIEVEMENTS Board Certified in Internal Medicine September 1989 Voted outstanding second year medical resident at Greenville Memorial Hospital, 1987 Chief Medical Resident Greenville Memorial Hospital 1988 Paper presented at the South Carolina regional meeting of the American College of Physicians on October 9x`,1987 Title: Emphysematous Pyeloncphritis MEDICAL LICENSES HELD Florida South Carolina Oregon 16E6 Vickie L. Greene 790 Wiggins i.zlce Dr_ ,:#'tOb Naples. FL 34410 (239)821 -0840 Objective Management position in a physician's office or rain is that will allow rrie to utilize my healthcare experience 3R4 skills. Qualifications Committed to excellency, detail - oriented, and 4ependdble. Ability to problem solve, take the Initiative and see a task through completion. Energetic, patient aril c#iplomatic. Eteven years CPTBnd IDC 9CM coding and billing experience' Eighteen years experience managing and su} etv "- Established and maintained highly confidential files and records. Ability to maintain a calm, positive attitude when cleating with irate patierrEs• Professional EWerience Managed daily operations for physician's office for 11 yeah. Hirai, trained. scheduled and supervlscd 10 employees. Developed a positive and productive work environment with coworkers by: Delegating lobs in accordance wilt employees' skills and abilities; Treating employees with respect, maintaining a sense of humor, 5upporting morale by administering praise to exemplary employees' Relevant Experience I was a teacher of a 'insurance Reimbursement and Coding' lass at Sb� = Community College I was an active member in OMGMA (Oregon Medical Group of Massagers Association) for 8 years. ' iNoric History 0911993-1012004- Office Manager Park Avenue Dermatology Clinic, Coos Bay. 4R ovi986 - 0911993 Office manager State Farm insurance Agency. PioA Bend, OR E4ucation & Trainin5 Southwestern Oregon Community College - Coos Bay, OR North Send High School - Nord Bend- OR References Available upon Rcqucst 16E6 ;�7ic %Lr''�1:. _, ttdi'llf ?ilr:.;��. OBJECTn E: To obtain a fulltime and challenging position with a growing company that would allow me to utilize my expertise in all areas of medical billing and managemenr. EMPLOYMENT-' 8uman,ResaurceslPhysician Liaison ,Specialist Nov 2004- current Vocatus Medical Management Services, Inc. .Naples Fi ,Duties include managing all employees' personnel files, physician credentialing• and obtaining malpractice policies. Payroll and calculating tax deposits. ice Manager Nov 2001 Nov 2004 Yocatus Medical management Services, Inc Naples Fl Duties included day to day operation of running billing office. Payroll, Banking, bill paying, employee relations, physician credentialing and managing their every day needs Ordering of office supplies. O, f 'ice Manager April 1989 -Sept 2001 Gastroenterology Consultants Of North Broward Tamarac FI Daily running of office. payroll, banking, bill paying employee relations, set up business meetings- Maintain G.I. Procedure schedules. Purchase office supplies. LPN IICA University HaTital July 1982- .March 1989 Tamarac FI W orked x3 years with orthopedic patients. i3rorked x 4 years in the G. I. Suite. LPN License in inactive at this present time 16E6 GOALS VMMS has reviewed the goals as outlined by the County in the RFP. As a result this proposal is offered as a mechanism to achieve these goals. Goals described include the desire to: Improve the Health of the County Employees and Dependents and Improve the Delivery of Health Care to these Individuals. At the same time costs need to be optimized by utilization of efficient practice techniques. This proposal establishes the methods to achieve the primary vision and mission of the County by the following mechanisms: 1. Establishing a high quality patient centered primary care clinic. 2. Developing a comprehensive wellness program within the clinic. 3. Providing comprehensive administrative over site of the above operations for developing best practice patterns. VMMS applauds the county for having such a deep interest in their employees' health. VMMS would be honored to have the opportunity to work with the County to see that their goals are achieved. DELINEATION OF SERVICES 16 PRIMARY CARE SERVICES (FIRM'S ABILITY) A primary care clinic would be established. The clinic would be staffed by a nurse practitioner. Primary urgent care services would be offered to all employees. Patients would then be triaged and treated within the capabilities of the Nurse Practitioner or referred to appropriate services in the community. The clinic would operate weekdays from 9:00 AM until 6:00 PM. Limited weekend hours would also be offered for employee convenience. As the volume of patients seen grows and if it is felt that there is a demand for such services regular weekend hours would be established. There would always be a provider on call 24 hours per day to handle phone calls from clinic patients. It is hoped that by providing these services, employees would no longer need to seek out more costly health care alternatives such as the local emergency rooms or other urgent care clinics. Primary care service provided would be comprehensive. Patients,would be treated with the latest evidence based guidelines for both health maintenance and acute illnesses. Any appropriate referrals would be made to sub specialists as needed with ongoing follow -up by the primary care clinic to ensure the employees are being cared for properly. If the patients have other local primary care physicians those physicians would receive a copy of the visit report along with any test results obtained. The clinic would perform CLIA waived laboratory testing. Other ancillary services typical of this type of clinic would also be available such as EKG and PFT testing. Blood draws for sending labs to outside testing facilities would be done. Other testing if found to be necessary based on the needs of the patient population could be added. Patient education will also be a focus of the clinic along with the wellness program which follows. Education in the primary care clinic will focus on disease management. Any programs currently in place with CHP will be, utilized and expanded as needed. Particular emphasis will be given toward diabetic eduction, hypertension management, CHF monitoring and overall medication management. Comprehensive education will also be undertaken concerning routine health maintenance and social issues as outlined in the wellness program. 16E6 DILINEATION OF SERVICES WELLNESS PROGRAM (FIRM'S ABILITY) One of the more exciting components of this RFP is the opportunity to develop a state of the art, comprehensive wellness program. The vision of this program is to provide complete health maintenance exams and counseling. This data would then be correlated with the Employee's occupational health history and job description. This integration of data can then be used to identify employees at risk and develop strategies to limit this risk. All willing County employees, and eventually dependents if desired by the county, would undergo health maintenance examinations. These examinations would be performed through the primary care clinic and would be offered as part of the primary care services of the clinic. The examinations would entail detailed histories and complete physical examinations. Laboratory and X -ray examinations would be completed as recommended by evidenced based guidelines. Appropriate focus would be given to any problem areas. At the completion of the exam and once all data is accumulated the patient would return for a follow -up visit to review the results. Any identified problem areas would be discussed and recommendations made for correction. A summary report of the patient's clinical information would be put into a booklet form along with additional educational materials. This booklet would then be given to the patient along with a copy to their primary care physician. Final questions would be answered and appropriate referrals made to any other health care providers based upon the findings of the exams. The wellness program would include an array of services to help identify areas for potential health problems, occupational health risks and to also provide education for general health maintenance. The existing wellness program would be incorporated into this program. Services would also include although may not be limited to the following: 1. Complete health history. 2. Work history and review of job duties 3. Comprehensive physical exams 4. Exam focused to areas possibly affected by current job duties with the County. 5. Laboratory and X -rays as recommended by evidenced based guidelines. b. Further screening tests as directed by findings of the history and physical. 7. Counseling concerning substance abuse issues including tobacco and alcohol. S. Weight loss management and nutrition counseling 9. Specific disease case management counseling such as diabetes, hypertension and CHF. 10. Make recommendations to coordinate with any existing CBP programs. 16E6 DILEWATION OF SERVICES ADMINISTRATIVE SERVICES (FIRM'S ABILITY) This program will require ongoing management to ensure success. Specific management objectives will be defined. Processes will then be put in place to ensure these objectives are met. Major goals as defined by the County include the administration of excellent health care with measurable outcomes while at the same time controlling costs. The nurse practitioner serving. the Population will require ongoing monitoring. This monitoring will include basic work measures such as hours worked, number of patients seen, and the utilization of ancillary services and referrals. Periodic audits will be performed to ensure resources are being used appropriately. Quality measures will also be monitored which will include such indicators as return office visits for same illness and hospitalization rates. Such utilization review and quality assurance measures will then be tabulated quarterly and monitored for trends with reporting back to the County. Cost containment will be a high priority of the management and clinical teams. VMMS recognizes the value of cost containment to the County as being a major objective of the program without compromising the quality of services rendered. Careful monitoring of utilization will be performed including the following: 1. Number of visits per enrollee and compared to national data. 2. Monitoring of high users of County health services and make recommendations for controlling excessive use. 3. Monitoring use of ancillary services. 4. Monitoring referrals outside the clinic for appropriateness. 5. Monitoring physicians that the Population is referred to and track their utilization of services. Track their charge patterns and seek out the most cost effective physicians. 6. Consider competitive bidding for ancillary services based on the above monitoring. The above data will be tracked quarterly and any trends followed. The data would be presented to the county and its actuarial department for review. The data would then be used to help establish best practice patterns and contain costs where ever possible. Data would be presented to the nurse practitioner and the office staff and recommendations made to help create strategies for a more efficient and cost effective practice. Based on the monitoring of ancillary services most cost effective companies would be identified and utilized. This data could also be analyzed with the intent of eventually putting further services out to competitive bidding to selected vendors. 16E6 Clinical data monitoring and research will be implemented. This data will be used to devise the most effective educational programs for the clinic. Existing programs such as diabetic education and substance abuse counseling will also be monitored to ensure they are meeting their goals and to make recommendations when necessary for improvement. The current CHP case management programs would be included in this process and recommendations made for how to best utilize these programs. Data from the wellness program will also be used to establish baseline health parameters with subsequent monitoring of this program for its successes and failures. This would allow better recommendations to be made on a continuing basis to assist in refining this program for optimal effectiveness. A patient survey would be implemented. Questions would be asked concerning patient satisfaction with the clinical and administrative services. Also recommendations would be solicited regarding other services that may be offered to better meet their needs. This data would be presented to the County on a regular basis for review and comment. VMMS' administration would make further recommendations to the County regarding potential services that could be offered based on the wants of the Population within the context of clinical appropriateness and cost efficiencies. Management will monitor patient confidentiality issues and ensure HIPAA compliance. Also regular coding and billing audits will be performed to ensure accuracy in coding practices. It is expected that from time to time patients may have issues or complaints. All complaints will be taken seriously and reviewed. Substantiated complaints will be forwarded to the appropriate individuals for comment. All complaints are kept on file in the appropriate personnel and administrative files for trend monitoring. If necessary actions will be taken for any problem trends or serious breaches of practice or conduct. 16E6 CLINIC SETUP VMMS has outlined the services to be performed at the clinic. A certain amount of space will be required with the space organized in such a fashion to allow for best flow of the Population through the clinic. Space will also be required for administration and education. The main determinants for the amount of space needed will depend on patient volume and the number of providers needed. A single provider will require an office, 3 exam rooms, reception area, waiting room, a minor surgical area, storage, restroom and accompanying hall space. The minimal amount of space required for such an office would be on the order of 1,100 square feet. This would allow minimal additional space for expansion or extra space for education. This amount of space could be used though as a starting point for the clinic. A floor plan example has been created for such a space. VMMS would assist the county in building out any available space offered. VMMS would make specific recommendations for room sizes and office set up for ideal patient flow. To better utilize space some rooms could have dual purposes. For example a procedure room could also be an education room when no procedures are being performed. The clinic would be established to provide the services described earlier in the RFP. CLIA waived lab testing would be done and minor surgical procedures performed. Labs draws would also be performed and specimens processed for sending to outside labs when necessary. EKG testing, pulmonary function testing and other ancillary procedures could be performed if a need is established. 1-6 E6 W A;'FfN9' � �'�!rtiasr R �o� All o," Of ,J� o tai aFr a ffc'�c j'jv ra dose if r."fi t 16E DESCRIPTION OF OPERATIONAL LOGISTICS Patients will be coming in for a variety of services and staffing adjustments will need to be made to meet the ongoing needs of the Population. The primary care clinic will be set up to see patients by appointment. Walk -ins will also be accepted and in fact encouraged. The population will be educated to use the clinic for their primary care needs for those who have no local primary care physician. They will also be instructed to use the clinic for their urgent care needs instead of the emergency room. As outlined in the RFP the nurse practitioner will be seeing up to 20 patients per day. If the clinic becomes busier seeing consistently more than this number the nurse practitioner may be able to manage additional patients. Ultimately though a critical number may be reached where no further appointments or walk ins can be accommodated. In this instance patients will either need to be referred to an off site facility or changes made in the agreement with the county to accommodate the additional patient load. By seeing up to 20 patients per day a provider should have ample time to spend with each patient without being rushed. Patients should leave the clinic feeling that they received adequate attention and that all questions and concerns were addressed. CLIA waived laboratory testing will be performed on site and will include although may not be limited to the following tests: Finger stick blood sugars Hemoglobin . Hemoglobin A 1 C Protime Urine drug screening Dipstick Urinalysis Mono testing Strep screen Urine pregnancy testing CLIA blood and urine specimens and culture testing will be obtained at the clinic and sent to an outside lab for testing. X -ray examinations will be referred to a local radiology provider. VMMS will monitor these costs and seek out the most cost effective vendors. Patients will be informed promptly of their laboratory and x -ray results either by return appointment, phone call or letter. The clinic will also make appointments for regular wellness exams. The patient will go through a comprehensive history and physical exam. All necessary lab and X -rays will be ordered. It is expected that such exams will take at least an hour. The patient will then return the following week and review all data with the provider. At follow up any needed education would be offered and the patient referred for specialty care and additional testing if appropriate. Patients will be given a comprehensive typed report of their examinations including all laboratory and x -ray data obtained. This report will be prepared in a neatly organized packet which the patient can keep for their files or give to any other physicians they may be seeing. Patients will also be encouraged to return for 16E6 regular annual exams with reminders sent out at appropriate intervals. The date that the clinic could open will depend on readiness of the space as well as availability of an appropriate provider. If VMMS is selected it is anticipated that staffing would be completed within a 3 -6 month period. 16E6 MAP"MG As with any new service it is important that the target.population understands what is available and how to access that service. With this program the target population is clearly defined and identifiable and therefore should be fairly easy to market. Marketing objectives will be to let the population know what services are available, where and when the service is available and how to contact the clinic to gain access. Specific marketing approaches will be as follows: 1. When the clinic is opened a written announcement will be sent to all county employees. 2. All new hires of the County will be given written materials explaining the services of the clinic. 3. Brochures will be printed detailing the various services of the clinic. 4. The administration and/or clinic staff of VMMS will make themselves available as needed to meet with various groups or departments of the County to explain the clinic services. 16E6 FINANCIAL ANALYSIS STAFFING COSTS (PRICE PROPOSAL) The following is a fair market analysis of various costs to operate an outpatient clinic for year one. The second year includes a 10% raise for the clinic staff. There are no raises for year three. Each subsequent year accounts for expected increased costs for health insurance. As in most types of service industry businesses your greatest asset and also your greatest cost are your employees. By far the major operating expense to the clinic are employee salaries and benefits. The figures below are the basis from which a final proposal can be derived to make the County clinic successful. Salary Insurance Pension (yr 2 and 3) CME Health Ins Taxes W/C Total Other expenses: PA/NP Medical Asst Receptionist $80,000 $40,000 $25,000 $30,000 $7,000 $3,000 $2,000 $2,000 $8,000 $8,000 $8,000 $6,120 $3,060 $1,912 $900 $420 $260 $127,020 yr 1 $51,480 yr 1 $35,172 yr 1 Medical Director /Clinical oversight $48,000 Administration . $40,000 Includes physician analysis of data 16E6 year 1 costs year 2 costs year 3 costs Patient encounters up to 4800 up to 4800 up to 4800 Position Nurse Practitioner $127,020 $142,632 $144,132 Medical Assistant $51,480 $58,786 $59,286 Clerical support $35,172 $39,864 $40,364 Medical Director $48,000 $48,000 $50,400 Administration $40,000 $40,000 $42,500 Total Personnel costs $301,672 $329,282 $336,682 Margin 8% $24,134 $26,343 $26,935 Total $325,806 $355,625 $363,617 The Medical Director will directly supervise the Nurse Practitioner. Charts will be reviewed and critiqued. Appropriate feedback will be given to the Nurse Practitioner to assist this individual in their health care delivery. The Medical Director will review clinic operations to ensure they are adequate and appropriate. The Medical Director will also perform some of the data analysis and report this data to the county. Many of the additional administrative duties as outlined earlier will be performed by this individual. It is anticipated that the Medical director will spend at least two hours per day performing the above duties 48 weeks per year. Fair market reimbursement for this service is $100 per hour for a total of $48,000 per year. Administration costs are broken down as follows; Personnel Management 2 hours per week at $50/hour $4,800 /yr EMR and medical records support $10,000 /yr Data entry and coding for charge data 12 hours per week at $20/hour $11,520/yr Report generation 6.hours per month at $20/hour $1,440 /yr Communications (phones, pagers, internet, etc.) $3,600 /yr Physician oversight of above lhour per week at $100/hr $4,800 /yr Miscellaneous $3,840/yr Total $40,000/yr 16E6 REIMBURSABLE COSTS (PRICE PROPOSAL) Reimbursable Operational Costs Licenses and Fees Legal Accounting Supplies non medical Other Reimbursable costs Lab draw fee Pharmacy** Medical supplies ** On site Clia waived labs * ** Medical procedures*** Laboratory costs*** Estimate Cost Basis Maximum* $1,000 /yr Reimbursable at cost $2,000 /yr Reimbursable at cost $4,000 /yr Reimbursable at cost $14,000 /yr Reimbursable at cost $10.00 per draw Reimbursable at cost plus 20% Reimbursable at cost plus 20% At discounted VMMS fee schedule Reimbursable at 110% Medicare fee schedule area 3 At discounted VMMS fee schedule *The county would be asked to reimburse up to this maximal amount. The actual amount reimbursed could end up being less. **20% is added to pharmacy and medical supplies due to off site staff time to acquire and stock. ***This fee is charged in order to reimburse VMMS for the purchase of the technical equipment needed to perform these tasks along with the expense of meeting regulatory requirements START UP COSTS (PRICE PROPOSAL) Estimated Exam tables $3,000 Stools $450 Desks $900 Cabinets $2,200 Chairs $1,540 Tables $400 Lamps $300 Computers $3,500 Phones $300 Copier $600 Fax $300 EMR $6,000 Billing $1,000 Total $20,490 The county would be asked to reimburse VMMS for start up costs. The start up costs are estimated as listed above. The actual costs incurred would be totaled and then reimbursed over the first 12 months of the clinic operation. The total listed above is the maximal amount that the county would be ask to support. The actual amount may be less. 16E6 SPECIFIC FINANCIAL PROPOSAL (PRICE PROPOSAL) Staffing costs have been established as outlined in the earlier section. Also administrative costs are fixed. There remains very few variable costs. Set limits will be established for the majority of variable costs so as to limit any upside cost overruns. The nurse practitioner will be separated from ancillary services financially and therefore there will be no gain for this provider to order lab tests or X -rays, or to perform procedures unless they are truly necessary. The proposal asks the county to cover the cost of the office space along with the taxes, insurance and utility cost for this space. VMMS would be happy to assist in any build out of the office space but the cost of such build out would be the responsibility of the county. VMMS would pay for any phone or internet access charges. VMMS would also be responsible for the purchase or lease cost of any medical ancillary equipment used in the clinic. The county would reimburse VMMS for start up costs as described earlier. Based on the fair market analysis presented VMMS would ask for the following reimbursement for providing those services as outlined in the proposal. Payment would be made on a monthly basis and due within 30 days after all charge and reimbursable expense data is supplied to the county. Personnel and administrative costs Start up costs Reimbursable operational costs Lab draw fee Laboratory costs Pharmacy costs Medical supplies Lab costs Medical procedures $27,150.50 /month first year $29,635.42 /month second year $30,301.42 /month third year $1,707.50 /month maximum first year only Reimbursed at cost not to exceed $21,000 /yr Per proposal Per proposal Per proposal Per proposal Per proposal Per proposal 16E6 ADDITIONAL FINANCIAL INCENTIVES 16E6 The physicians of VMMS over the years have developed numerous relationships with local vendors of various ancillary services. These relationships have allowed VMMS to be able to provide more efficient and effective care for its patients. VMMS has learned how to navigate the health care apparatus in Naples to seek out those providers who are known to provide the best and most cost effective care. VMMS has an established Hospitalist practice in place. As Hospitalists these physicians only care for patients in the hospital and as a result have developed a highly efficient practice in caring for this group of patients. Patients are cared for with the most up to date treatment protocols and the best that modern medicine has to offer. By their very nature of being in the hospital full time Hospitalists can give their patients prompt care that aids in moving patients efficiently through the complex hospital system. As a result length of stays are shorter, readmission rates are lower and total cost of care is less than when patients are cared for by other general primary care physicians. All patients cared for by the County primary care clinic who otherwise have no other local primary care physician could be referred to the Hospitalist group should they require inpatient treatment. This would help to substantially reduce the cost of care for County employees when they are hospitalized. QUESTIONA.IRE REVIEW 16Eb The answers to many of the questions listed are found in the body of the proposal. Further elaboration on specific questions is given below and reference made to other sections where appropriate. Accountability: Reports will be generated monthly pertaining to the work performed by the nurse practitioner. These reports typically include the following: Number of patients seen Type and number of each CPT code for all encounters Total charge amounts and detailed charge analysis for each CPT code Monthly listing of ICD -9 codes treated Number of patients referred to outside sources and the purpose of these referrals Laboratory testing and medical procedures done The above are routine reports. VMMS' practice management software has the capability to generate literally hundreds of different types of reports. The practice management and patient care data could be looked at in many different ways and therefore VMMS would be happy to supply the county with any type of report that would be most useful to the county. With the use of VMMS' practice management software utilization patterns of the nurse practitioner can be monitored. Recommendations could then be made to this practitioner to help maintain best practice patterns. Utilization patterns of the patients will be monitored. This data will be used to establish community trends and areas of common health care concerns. Based on this data further preventative health care measures could be put in place as part of the wellness program. Similarly areas of health care access or service deficiencies could be identified and recommendations made for solving these deficiencies. The program would be advertised as listed in the Marketing section of this proposal. General The company description and firm history are included under Company Description and Providers. VMMS is not certain who our competitors may be so it is hard to make a comparison. At this time we have no competitors in the inpatient health care arena. VMMS has captured this market in its entirety. VMMS has provided an excellent service and therefore there 1 E6 has been no opportunity for others to come in and compete. VMMS provides a very comprehensive and cost savings service to the hospitals which would be very difficult for any other competitor to beat. In general VMMS is supported by a comprehensive administrative staff with many years of experience in the health care field. Based on this experience VMMS is more than capable of accomplishing the development of a successful clinic as outlined by the county. VMMS has already invested in the infrastructure needed to start an outpatient clinic. This should allow for a clinic to get up and running quickly and smoothly. The proposal describes many of the attributes of VMMS, its physicians and unique position in the community. VMMS is a well established primary care group in Naples with the resources and ability to provide those services requested of the County. VMMS has already established multiple relationships within the community that allow it to function at an advantage over many other companies. VMMS knows how to navigate the local medical community to ensure their patients are cared for properly and efficiently. The managers of VMMS have had extensive experience in operating various outpatient practices. VMMS also acts as a billing company for its physicians and therefore has gained experience in data acquisition, monitoring, formulating opinions and developing plans of action based on this data. VMMS has the ability to produce reports and provide data on virtually any aspect of the practice for analysis in helping to make decisions concerning staffing, contracting and cost analysis. VMMS has not established an " onsite" clinic as this one before. We have established our own clinic in Naples and are in the process of establishing a second clinic which is now under construction. These experiences should directly translate to the onsite clinic proposed and therefore should be relatively simple for us to accomplish. Our companies' philosophy has always been one of providing quality driven health care in a caring environment that is efficient and cost effective. We perform regular oversight of our providers through chart audits and monthly meetings. We have an established Medicare compliance program that reviews coding and billing for appropriateness. Providers are also given an annual allowance for continuing medical education courses. The clinic's operation will include wellness exams and described. The current wellness program would be coordinated with this clinic. Data acquired from the current wellness program would be used as a starting point in identifying those employees at risk and to give focus to problem areas. The current wellness program nurse should meet with the onsite clinic nurse practitioner on a regular basis for exchange of data to ensure coordination of duties and limiting duplication of tasks. The proposal gives some mixed messages on the intent for chronic management of diseases. Specifically, the RFP makes note not to replace current primary care relationships but yet asks how chronic health managements needs will be covered. These statements seem to be in conflict but are addressed as follows. The main focus seems to 16E6 be one of providing wellness care and urgent care to the Population. If the clinic is to become an established primary care practice then patients would be scheduled for regular health maintenance visits and for any regular follow up visits dictated by their medical condition. Patients with more complex issues would be referred to the'appropriate local health care providers. The provision of educational services is as described under primary care services. Educational materials will be created in the form of brochures when necessary based on the needs of the Population. The local medical societies that VMMS subscribes to also have extensive educational resources and materials which could be utilized in the clinic when needed. VMMS has a HIPAA compliance program in place. See attached document. In general the nurse practitioner caring for the patient is responsible for what takes place clinically. If a patient should have a conflict with any member of the staff the nurse practitioner will resolve the issue. If the nurse practitioner is incapable of doing so or if the issue involves the nurse practitioner then the problem will be referred to the medical director. If the medical director can not solve the problem which rarely happens the issue is then brought before all physicians of VMMS for discussion and resolution. VMMS would be happy to work with the county to build out the office space. Please refer to Clinic Set Up in the proposal. Customer service is followed by use of patient satisfaction surveys. Currently the providers are monitored through a national survey organization administered by Naples Community Hospital. Please refer to the proposal under administrative services. Hours of the clinic are as described under Primary Care Services. The key persons working with the county are as follows: Dr. Richard Otto, Vickie Greene, Linda Pidgeon and the Nurse Practitioner. Our physicians all practice evidenced based medicine. All of our providers have graduated from traditional training programs and are board certified in their specialty. They keep up on the latest advances in medicine and follow practice guidelines and protocols when appropriate. VMMS recently purchased the Misys electronic health record program. VMMS has been using their practice management software for the past S years and this was a natural extension of that program. As a result all practice management and clinic data will be linked for better monitoring and data analysis. This will also allow for better data transfer to other health care providers along with electronic prescription writing. Virtually all the pharmacies in the area that accept faxed prescriptions would be able to utilize this service. 16E6 Computers will be placed on site that will include an appointment scheduler and billing software. Electronic health record equipment will be available as described above. Internet access will be established for patient information and clinical research as needed. CONCLUSION 16E6 It is with exceptional enthusiasm that VMMS submits this proposal to the County for its consideration- VMMS sees this opportunity as an excellent chance to be part of an innovative program to better the health of the community. The concept of being able to provide health care that is focused toward wellness in each individual in a controlled, cost effective model is one severely lacking in this community. VMMS has already demonstrated its ability to provide this type of care and service to its patients. The company has the background and experience in its people who have spent many years in delivering the same type of care as proposed by the County to a large population of patients. VMMS also has the administrative and clinical infrastructure in place that can easily meet the County's objectives. VMMS feels confident that it will be successful in meeting and exceeding the goals and expectations of the County. The cost proposal submitted is one that is both competitive and realistic. All costs are outlined in detail that are needed to meet the needs of the County. It would be of no service to the County and its employees to provide a program that is under funded. To do so would be irresponsible to both. Ultimately the care delivered would be substandard and the County's objectives not met. A well funded service in the hands of an organized and qualified organization such as VMMS will virtually guarantee that the county's employees are well cared for while at the same time meeting the administrative objectives of the County. In many ways Naples as a community offers a quality of life rarely found in other parts of the country. This is due in large part to those who take a proactive approach in addressing the needs of a rapidly growing population. Collier County's goal as defined in RFPR 05 -3748 is a reflection of that type of forward thinking. By partnering with VMMS, a proven leader in the community in the delivery of efficient, high quality, cost effective medicine, the County has an excellent chance to realize its goals. . The above is respectfully submitted by: hard D. Otto, M.D. Managing Partner Vocatus Medical Management Services 16E6 H WAA POLICIES Vocatus Medical Management Services has adopted the following H1PAA policies. When implementing these policies, please keep uppermost in mind that HWAA was Never intended to compromise patient care. If a policy begins to obstruct patient care, then the policy must come second. It has been determined that all personnel must have access to all parts of the medical records in order to provide optimum patient care. All disclosures of protected health information will be recorded in the patient's chart or in the patient's financial records as appropriate for the purpose of the disclosure. All personnel are responsible for reporting any suspected HIPAA violation to the HIPAA Compliance Officers. Beginning, February 20, 2005, all pharmaceutical representatives will be required to have a Confidentiality Agreement on file before they can proceed to the clinical area. Beginning, February 20, 2005, all janitorial personnel will be required to sign a Confidentiality Agreement. HWAA violations will be documented in employment records. Additional HWAA Information HIPAA Compliance Officers: Vickie Greene and Linda Pidgeon 16E6 VQCATUS MEDICAL MANAGEMENT SERVICES Notice of Privacy Practices As Required by the Privacy Regulations Created as a Result of the Health Insurance Portability and Accountability Act of 1996. (HIPAA) THIS NOTICE DESCIRBES HOW HEALTH INFORMATION ABOUT YOU (AS A PATIENT OF THIS PRACTICE) MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION. PLEASE REVIEW THIS NOTICE CAREFULLY. A. OUR COMMITMENT TO YOUR PRIVACY Our practice is dedicated to maintaining the privacy of your individually identifiable Health information (UM. In conducting our business, we will create records regarding you and the treatment and services we provide to you. We are required by law to maintain the confidentiality of health information that identifies you. We are also required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your Eam. By federal and state law, we must follow the terms of this notice of privacy practices that we have in effect at the time. We realize that these laws are complicated, but we must provide you with the following important Information: How we may use and disclose you IIHI Your privacy rights in your RM Our obligations concerning the use and disclosure of your IIHI. The terns of this notice apply to all records containing your IIHI that are created or retained by our practice. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or amendment to this notice will be effective for all of your records that our practice has Created or maintained in the past, and for any of your records that we may create or main tam in the future. Our practice will post a copy of our current Notice in our office in a visible location at all times, and you may request a copy of our most current Notice at any time. B IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT: Vocatus Medical Management Services, 854 Central Avenue, Suite 302, Naples, Florida 34102 (239)643 -1462. C WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (DM IN TEE FOLLOWING WAYS: The following categories describe the dif eamt ways in which we may use and disclose your M. 16E6 Treatment Our practice may use your II> II to treat you. For example, we may ask you to have laboratory tests ( such as blood or urine tests), and we may use the results to help us reach a diagnosis. We might use your III II in order to write a prescription for you, or we might disclose you DHI to a pharmacy when we order a prescription for you. Many of the people who work for our practice, including but not limited to, our doctors and nurses may use or disclose your DHI in order to treat you or to assist others in your treatment. Additionally, we may disclose your IlHI to others who may assist in your care, such as your spouse, children or parents. 2 Payment. Our practice may use and disclose your DHI in order to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to certify that you are eligible for benefits (and for what range of benefits), and we may provide your insurer with details regarding your treatment to determine if your insurer will cover, or pay for, your treatment. We also may use and disclose your DHI to obtain payment from third parties that may that may be responsible for such costs, such as family members_ Also, we may use your M to bill you directly for services and items. 3 Health Care Operations. Our practice may use and disclose your MR to operate our business. For example, our practice may use your IIHI to evaluate the quality of care you received from us, or to conduct cost management and business planning activities for our practice. OPTIONAL: 4 Appointment Reminders. Our practice may use and disclose your HHI to contact you and remind you of an appointment. 5 Treatment Options. Our practice may use and disclose your IIIII to inform you of potential treatment options or alternatives- 6 Health - Related Benefits and Services. Our practice may use and disclose our IIHI to inform you of health - related benefits or services that may be of interest to you. 7 Release of Information to FamilyfFriends. Our practice may release your TIHI to a friend or family member that is involved in your care, or who assists in taking care of you. For example, a parent or guardian may ask that a babysitter take their child to the pediatrician's office for treatment of a cold. In this example, the babysitter may have access to this child's medical information. 8 Disclosures Required by Law. Our practice will use and disclose your = when we are required to do so by federal, state or local law. D USE AND DISCLOSURE OF YOUR M IN CERTAIN SPECIAL CIRCUMSTANCES. The following categories describe unique scenarios in which we may use or disclose your identifiable health information: 16E6 i Public Health Risks. Our practice may disclose your M to public health authorities that are authorized by law to collect information for the purpose of maintaining vital records, such as birth and deaths reporting child abuse or neglect preventing or controlling disease, injury or disability notifying a person regarding a potential risk for spreading or contracting a disease or condition notifying a person regarding a potential risk for spreading or contracting a disease or condition reporting reactions to drugs or problems with products or devices notifying individuals if a product or device they may be using has been recalled notifying appropriate government agency(ies) and authority(ies) regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the patient agrees or we are required or authorized by law to disclose this information notifying your employer under limited circumstances related primarily to workplace injury or illness or medical surveillance. 2 Health Oversight Activities. Our practice may disclose your M to a health oversight agency for activities authorized by law. Oversight activities can include, or example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil. administrative, and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general- 3 Lawsuits and Similar Proceedings. Our practice may use and disclose your M in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We also may disclose your DHI in response to a discovery request, subpoena, or other lawful process by another party involved in the dispute, but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested. 4 Law Enforcement. We may release I M if asked to do so by a law enforcement official: Regarding a crime victim in certain situations, if we are unable to obtain the person's fit. Concerning a death we believe has resulted from criminal conduct. Regarding criminal conduct at our office. In response to a warrant, summons, court order, subpoena or similar legal process. To identify/locate a suspect, material witness, fugitive or missing person in an emergency, to report a crime (including the location or victim(s) of the crime, or the description, identity or location of the perpetrator) 16E6 OPTIONAL: 5 Deceased Patients. Our practice may release III lI to a medical examiner or coroner to Identify a deceased individual or to identify the cause of death. If necessary, we also may release information in order for funeral directors to perform their jobs. 6 Organ and Tissue Donation. Our practice may release your 111-1I to organization that handle organ, eye or tissue procurement or transplantation including organ donation banks, as necessary to facilitate organ or tissue donation and transplantation if you are an organ donor. 7 Research. Our practice may use and disclose your EM for research purposes in certain limited circumstances. We will obtain your written authorization to use your M for research purposes except when: (a) our use or disclosure was approved by an Institutional Review Board or a Privacy Board; (b) we obtain the oral or written agreement of a researcher that (1) the information being sought is necessary for the research study; (2) the use or disclosure of your IIHI is being used only for the research and (3) the researcher will not remove any of your HM form our practice; or (c) the M sought by the researcher only relates to decedents and the researcher agrees either orally or in writing that the use or disclosure is necessary for the research and, if we request it, to provide us with proof of death prior to access to the M of the decedents. 8 Serious Threats to Health or Safety. Our practice may use and disclose your IEM when necessary to reduce or prevent a serious threat to your health and safety or the health and safety or another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat. 9 Military. Our practice may disclose your IIHI if you are a member of U.S. or foreign military forces (including veterans) and if required by the appropriate authorities. 10 National Security_ Our practice may disclose your EM to federal officials for intelligence and national security activities authorized by law. We also may disclose your M to federal officials in order to protect the President, other officials or foreign heads of state, or to conduct investigations. I I Inmates. Our practice may disclose your MR to correctional motions or law enforcement official. Disclosure for these purposes would be necessary: (a) for the institution to provide health care services to you, (b) for the safety and security of the institution, and/or (c) to protect your health and safety or the health and safety of other individuals. 12 Workers' Compensation. Our practice may release your lII.11 for workers' compensation and similar programs. 16E6 E. YOUR RIGHTS REGARDING YOUR IIHI You have the following rights regarding the M that we mairitwn about you: Confidential Communications. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. In order to request a type of confidential communication, you must make a written request to Voc atus Medical N anagement Services, 850 Central Avenue, Suite 302, Naples, FL 34102 (239) 643 -1462, specifying the requested method of contact, or the location where you wish to be contacted. Our practice will accommodate reasonable requests. You do not need to give a reason for your request. 2 Requesting Restrictions. You have the right to request a restriction in our use or disclosure of your ME for treatment, payment or health care operations. Additionally, you have the right to request that we restrict our disclosure of you DM to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies, or when the information is necessary to treat you. In order to request a restriction in our use or disclosure of you MIL you must make Your request in writing to: Vocatus Medical Management Services, 850 Central Avenue, Suite 302, Naples, FL 34102. Your request must describe in a clear and concise fashion: the information you wish restricted, whether you are requesting to limit our practice's use, disclosure or both; and to whom you want the limits to apply. Inspection and Copies. You have the right to inspect and obtain a copy of the nI II that may be used to make decisions about you, including patient medical records and billing records, but not including psychotherapy notes. You must submit your request in writing to our office in order to inspect and/or obtain a copy of you M. Our practice may charge a fee for the costs of copying, ma,_ 'tom, labor and supplies associated with your request. 4 Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing and submitted to our office. You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request ( and the reason supporting you request) in writing. Also, we may deny your request if you ask us to amend information that is in our opinion: (a) accurate and complete; (b) not part of the M kept by or for the practice; ( c) not part of the DHI which you would be permitted to inspect and copy; or (d) not created by our practice, unless the individual or entity that created the information is not available to amend the information. 16E 5 Accounting of Disclosures. All of our patients have the right to request an "accounting of disclosures." An `accounting of disclosures" is a list of certain non - routine disclosures our practice has made of your IIHl for non treatment or operations purposes. Use of your EW as part of the routine patient care in our practice is not required to be documented. For example, the doctor sharing information with the nurse, or the billing department using your information to fie your insurance claim. In order to obtain an accounting of disclosures, you must submit your request in writing to our office. All requests for an "accounting of disclosures" must state a time period, which may not be longer than five years from the date of disclosure. The first list you request within a 12 -month period is free of charge, but our practice may charge for additional lists within the same 12 month period. Our practice will notify you of the costs involved with additional requests, and you may withdraw your request before you incur any costs. 6 Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper ropy of this notice, contact our office. 7 Right to File a Complaint. If you believe your privacy rights have been violated, you may file a complaint with our practice or with the Secretary of the Department of Health and Human Services. To file a complaint with our practice, contact Voc atus Medical Management Services, 850 Central Avenue, Suite 302, Naples, FL 34102 (239) 643 -1462. All complaints must be submitted in writing. You will not be penalized for filing a complaint. 8 Right to Provide an Authorzzadon for Other Uses and Disclosures. Our practice will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable Iaw. Any authorization you provide to us regarding the use and disclosure of your 1IIII may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your M for the reasons described in the authorization. Please note, we are required to retain records of you care. If you have any questions regarding this notice or our health information privacy policies, please contact our office. RFP No. 05-3748R — "On -Site Primary Care health Services" Page 16 16E6 PROPOSERS QUALIFICATION FORM Firm Name, o e 4 i `tea H a t rkrwf St�v' cc Address: s Z State. Zip 3 ellot- '5--r-2 3 City: Telephone: z 3 Tq Y_ l FAX #: Type of Work: m -,*!4, �+• �' -�— - 'r� C 1141 r Type of Firm: i Corporation/Years in Business: c� PartnershiplYears in Business: C r••�,.s Sole Proprietorship/Years in Business: officers/Partners or Owners & Experience: Years of Experience Name Title in Work Listed d f Acw r G 0 s. N /h !�Z^ O's PiI.IOHLI�/ Oi1bFl4 _ �J G 1 ✓�i / e i i, e /� ! 1 e` J t -..�` /rVJ a l4 Number of Personnel in Organization: Administrative: 3 Professional: :7 / Office: / a Shop: Field: References: Bank(s) Maintaining Account(s): r r' . E - _T Proposer shall provide at least three (3) references where similar work was performed. _Name of Entity: C goo /; el o /f/ e a l-t 4 f & < < Address: tl 6/.- O le -g e, il e t DP F v Lf r 2 a/ A t �v t t' % 4 s* C. Tel .# rr Y3 YY9 9sr 9 Contact Person k e o Q e hr s -t E -mail Work Performed: EgA t« b ../ 14-a t .1-'c c a r RFP No. 05 -3748R — "On -Site Primary Care Health Services" Page 17 PROPOSERS QUALIFICATION FORM 16 (Continued) Name of Entity: /3 4 y C A'11 i c Address: ('7-r c, f-,4-,o4 a C, 'r 6 a Dif, g7'1Y 2 0 Tel # s y- ,2 6 9- c 333 Contact Person a s o /s S E -mail Work Performed rrg f c if . / t44 e W;e � 4 r Name of Entity: Pg F / 4 yeti D •u o f r- Address: 3 9 f P ar F k --f G e 4 u r X(I r r, S- r o 0 y� o Tel.#J'11/(.7 67- 7-r Y3 Contact Person A., * 1.,/,. LL7 4 cvc h J E -mail Work Performed: 11" 4A ri i e C/ v vyr 6Q�1, c /:t.ir�% tls,rf 4cfFyihi.rL�ia�:t <7Y Have you, at any time, failed to complete a project? ❑ yes Dd no Are there any judgments, claims or suits pending or outstanding by or against you? ❑ yes 10 no If the answer to either question is yes, submit details on a separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: /V 04 c Pursuant to information for prospective bidders /proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: y o e a t; v, w e Js' ca / Ax o K o r e Aw e,-7' 1 el AP A., e' < r-r By: Title Atte: Title. Date RFP No. 05 -3748R - "On -Site Primary Care Health Services" Page 20 16E6 DECLARATION STATEMENT FROM: V 0 a taj tR -eA.esZeAf .irejek - • ` DATE DUE: June 3. 2005 [a? 3:00 p.m. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP N0.05 -374811 - "On -Site Primary Care Health Services" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fair and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #05 -3748R as issued by Collier County on May 3, 2005. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this .2 7 tf day /2005 in the County of C a !!: c r in the State of (/OC4 &! Gtgt11 C•/A" Aka,f't4,rat_re-rt.orP/ Firm's Complete Legal Name Check one of the following: ❑ Sole Proprietorship [R Corporation or P.A. State of: F / .a % .J ❑ Limited Partnership ❑ General Partnership Phone No. 2 3 9-- S y Y- 9 2 a� FAX No. ,2 3 9 - Sf Y- k 2- G a A 0- a x X' J-3.3 Address City, State, Zip BY: ll If' C y 0.1 J n. O f 'a` o Typed and Wrttien Signature -;?� 1,411f - 0Cc.44 r9- Title RFP No. 05 -3748R — "On -Site Primary Care Health Services" THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST Page 19 16E6 I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your proposal. Proposer should check off each of the following items as the necessary action is completed: i. The RFP has been signed. 2. The RFP prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. s. Any required drawings, descriptive literature, etc. have been included. s. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid check has been included. a. Any addenda have been signed and included. s. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building °G" 3309 East Tamiami Trail Naples, Florida 34112 io. The mailing envelope must be sealed and marked with: • RFP Number; • RFP Title; • Opening Date bond or cashiers 11. The RFP will be mailed or delivered in time to be received no later than the specked opening date and time. (Otherwise RFP cannot be considered.) ALL COURIER DELIVERED BIDS /RFPS MUST HAVE THE BID /RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. y o eg rp/ g-tfeY, r. aaesa' Company Name Signature & rile ,r 3 -7— 2 a o ,S- Date 16E6 Pursuant to information for prospective biddersiproposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We Will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attester! By: Title: Date: COLDER COUNTY FLORIDA INSURANCE REQUIREMENTS INSURANCE TYPE X 1. Workers' Compensation all Requirements. X 2. Commercial General Liability (Occurrence Form) patterned after the current i_S.O. form with no limiting endorsements. REQUIRED LIMITS Statutory limits of Florida Statutes, Chapter 440 and Federal Government Statutory limits and $1,000,000 Bodies Injury & Property Dameae $1,000,000 Single Limit Per Occurrence X 3. Indemnification: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the County by an employee of the named ContractwNendor, any Subcontractor, or anyone directly or indirectly employed by any of t hem. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ConiractorNendoes limit of, or lack of, suf-i dent insurance protection. The first One Hundred Dollars ($100.00) or money received on the contract price is considered as payment of this obligation by the County. 4. Automobile iiabiTrty $1,000,000 Each Occurrence IIRT. .IM aIw I t ! Irr%F3 Rta6Atcbft InCtuded X S- OUW N* arlce 93 kKrtCated bekrAr a Professkmac L a mw S 7.000.DW Each Os pe X 6 CMUnCtor shall a "r-d ep Svb C�9 with are : n are r ra�e Ante the Cautfy wish cs X z CQIRw CUMh Insist be n8Fmd as -AMOMCNAt l D- on e:te k1su+ravlee CerbnCate or CCMMsn:W G02OW iiobalty, $ �+'eY Cold rtis� ag fb o m. be >m� � tfre Cef{�gle l ioider, The Heel° stttxrid teat ass fal#ws; NapIM F!_ 34112 ._ ?5__ 8. Tito Y (30) Gays station MOSCI M r VAI d. X__ 'to- The Oerdam"m mumt state ale Sid t*nnb r e d TRi, BIDDER'S AND eZMpApCEAGBMTST}iiMFN7: We trstderstartd r g*.d ° these M, atoll that the evnsx d%* of ttte award of bid idls of aWd SkUw �G SkJrmk eofSkkier 2.4 IL S*mm* cfs* es a A98rrt 3-6E6 0 l:r v ry Ul ry .. { 27, ��• c : J %t~ n tnt 'C'3^1 V, W N 0 16E6 c, iD p m Z ct 0 L cu `J �11-3� r :9 ^mow P) �szE3 w t7 K m rP H rc , CD W W N :' O ftt. ' lJt C ' N µ t � tic7 � • ;y► :. . W b w *K W O �•'w•+ (D su W r+ _ O CD 0 l:r v ry Ul ry .. { 27, ��• c : J %t~ n tnt 'C'3^1 V, W N 0 16E6 16 C) 0 0 z n :5: m > 0 'o C F5 q :j 05 0 CD > C-; w z a, $ , �7- 'o Z Z co s CD 0 co n C., 4 0 Qn p. 0 = 2 0 m CD co < CD ID Z> 0 r? 0 m m 0 CD 0 a 0 0 §2f /q p 0 rn 0 \ //' z CO (P 6 > m -4 0 C, 0 S 0 CD 0 am 0 m WZC i=a --CD -7 _;� 4 M m X Air >0 CL SL m 0 :2 C:) ;u IOU m ,Z.P . C) m CD a M Co MCD Z cn ;a o < m ;a —M Z m -4 ca co x > a -0 0 0 m co "D r 03 0 0 > C.) 0 ?< C, 0 r-v = 0 M co 1 C: M cn 0 c:n =1 cn -n Ln Cl) 0 > m 0 C-) C: o co cl > Z > r- M W CD -t� z :0 > I CA m 0 0 --4 E! c m tx) E: 8 m a Z -4 0 w > m Cl * m C') co r.-I 0 3 4= 0 16E COLLIER COUNTY RISK MANAGEMENT DEPARTMENT Building D • 3301 East Tamiami Trail *Naples, Florida 34112 • (239) 774 -8461 • Fax (239) 774 -8048 April 24, 2006 Vickie Green, Business Manager VOCATUS Medical Management Services `> 2006 P.O. Box 8523 Naples, FL 34101 Re: Primary Care Medical Services Contract Insurance Requirements Dear Ms. Green, Pursuant to our meeting of last week, I have reviewed the insurance requirements for the upcoming contract for Primary Care Medical Services to be provided at the County's on site clinic. VOCATUS will be operating a general primary care clinic which will provide medical services commensurate with such a facility. We discussed the limits needed for this operation and it was determined that the clinic will not be providing high risk services and that in general, the limits of medical malpractice liability insurance purchased by primary care physicians is $250,000 per occurrence. Originally, we had specified limits of $1,000,000 per occurrence in the RFP. However, given the scope of the operation; the number of proposals received; and the general state of the medical malpractice insurance market, Risk Management will agree to limits of $250,000 per occurrence. Per our. discussion, please be prepared to purchase and provide evidence of this coverage at the time the contract commences. If you have any questions, regarding this matter, please feel free to contact me. Sincerely, eff Walker, CPCU, ARM Director, Risk Management Cc: Linda Best, Purchasing 1143tl U1 CUUO o; ac bRl-1VGT- DI'•14Ttt1'G �D1Cb�UU�'1 P,C ACORD DATE , TM. CERTIFICATE OF LIABILITY INSURANCE ,w112,06 PRODUCER PtlonE (W1)27a-4= Fox 381.255 -W34 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GRACEY BACKER, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 273 GEORGE BUSH BLVD HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DELRAY BEACH FL 33444 ALTER THE COVERAGE AFFORDED BY THE POLICIES a ELANT_ INSURERS AFFORDING COVERAGE I NAIC IF INSURED INSURER A: First PraNssionsls Inn Co Inc 33381 VOCATUS MF_DICAL MANAGEMENT SERVICES, INC. INSURER 13: -- -- COO RICHARD OTTO INSURER G -- PO BOX 1111=1 NAPLES FL, 34101 INSURER D: E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOrWM STANDJNG ANY REOUITEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OCCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG EGATE LIMEYS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. ftMIA LTR Be TYP/ OF 11MRAMOS - - - POLICY NUMBER POLM— OC'IIMN PpuY INMR 7MI URM A AUTHORIZED REPRESEWATIVE OENEIb1LNAMLITY COMMERCIAL GENERAL LIABILITY 7 X CLAIMS MADE OCCUR X PROFESSIONAL 88383.08383 I 0003106 04/03107 EACH OCCURRENCE i 250, LIAIIAOET0IE7Tl'D i MED EXP (Any am PERSONAL 1 ADV INJURY GENLAGGEGATE LIMIT APPLIES PER; POLICY PRa LOC GENERALAGGRE—_ 750000 PRODUCTS COMPOPAOG. S - AUTONOMILK LIAEIJTY ANYAUT) ALL OMN*D AUTOS SCHEDULED AUTOS HIREDAUTOS NON•ONMED AUTOS I COMBINED SINGLE LIMIT (Eaaeddant) BODILY INJURY IPar pemon) (Pal actldonq .. . -- BODILY INJURY $ i : i - PROPERTY DAMAGE (Par oxkWM OARAOELIABILITY ANY AUTO i AUTO ONLY -EA ACCIDENT OTHER THAN EA ACC AUTOONLV.. ACiG i i IhTCE11)UNINSLLALIAEIInrf OCCUR F-1 CLAIMSMADE DEDUCTIBLE I RETENTION S EACH OCCURRENCE { AGGREGATE _ ......._.__ ._._.._. i TPORKERB: COWERSATION AND I SNIPIAYNOW LIAMLnY ANYPROP �YTtYL OPMOVIIEWSPIRZOL DEOI &M@IAL PWWt3IQ" b w � Ia cneR E.L. EACH ACCIDENT i E.L. DISEASE- ZAEMPLOYEE t S E.L. DISEASEPOLICY UNAT OTHER I I DESCRIPTION OF OPERATIONSA.00ATIONSNEHHA E3IEXCLUSION8 ADDED 13Y ENDORSE]NENT1 SPECIAL PROVISIONS Claims mub covom90 form, Rstro DatEl: 02 -03.04 CONTRACT NO. 05 8748R, ON -SITE PRIMARY CARE HEALTH SEMACES f-awrMu+ATe Un, nwn -- -• - -• • • —_ -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORtf THH 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 E)WRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMIPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IrSA3Emm OR REpREBENrATIVES. AUTHORIZED REPRESEWATIVE a111ntion: A n�en w Trish warren - -- -- ` - -•--1 ••° ° ""•�,• uuw EACORD CORPORATION 1$88 19azi ul CUUo J:Z)C tMMUCT- MIMU\CR oolcaouu3'r P. ACORD of tAB TY IN DATE cM 6 ,�,,. CERTIFICATE L ILt SURANCE 0510112006 PRODUCER Phens: 1561) 27641055 zvc 561.265-0034 THIS CERTIFICATE IS ISSUED AS A U46TTER OF INFORMATION GRACEY BACKER INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 275 GEORGE BUSH BLVD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DELRAY BEACH FL 33444 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED VOCATUS MEDICAL MANAGEMENT SERVICES, INC. CFO RICHARD OTTO P O BOX 8523 NAPLES FL 34101 INSURERS AFFORDING COVERAGE INSURER A: Assurance Company Of America INSURER 13: INSURER C: INSURER D: NAIC 0 THE POLICIES INSURANCE LISTED BELOW WAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR OONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWI#CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 1HE TNSAMMANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGRELOATEUMTTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N6R I, AM w TYKE OF INSURANCE rOLICYNUMEiIt a • �TIW Homo" ►OL��T�+ DATISMINODfM PMTS aNaLRAL LIABILTTY PASO434MY4 06124106 06!241106 EACH OCCURRENCE i 1,000:100 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Q OCCUR PR DAM Rom S 1.00%000 MED. EXP (Any ons person) # 10,000 A PERSONAL 6 ADV INJURY i 1 .OQa000 OENERALAGGREOATE S 2.000,000 GENLAGGREGATE LIMIT APPUES PER: POLCY M LOC PRODUCTSCOMP/OP AGO. # 2.000.000 AUroM LELIAWuTY ANYAUTO (Em mc SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS lw PSI i HIRED AUTOS NON- OWNEOAUTOS BODILY INJURY (FWacdmm -- i PR 11 DAMAGE # GARAGE UANLITY AUTO ONLY - EA ACCIDENT # OTHERTHAN EAACC # � 'L� AUTOONLY: AGO i NXCGY /UNIMLLAUARWY EACH OCCURRENCE i OCCUR F-1 CtAIMB MADE AGGREGATE E s DEDUCTIBLE : RETENTION $ s WORKEN COINPERaAT10N AND ENInMTE r LIANLJTY i o7I�R E.L. EACH ACCIDENT s Ar.RVItl.TaRiPAW N 101COM N[ 0lRCENlR0IIIIMEXUAIMBf E.L DISEASE-EA EMPLOYEE 8 sr,e, do"N't. d' Emk%LReWM10N!< below S,L DISEASE-FOUCY LIMIT S OTHER: DESCRIPTION OF OPERATIONSILOCATIONS /VENICLESMCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE CONTRACT NO. 0547488, ON-SITE PRIMARY CARE HEALTH SERVICE'S CERTIFICATE HOLDER IS ADDITIONAL INSURED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRNIEO POLICIES BE CANCELLED BEFORETHE 3301 EAST TAMIAMI TRAIL EXPIRATION DATE THEREOF, THE ISSUING INSURER 1AnLL ENOEAVOR TD MAIL 10 DAYS NAPLES, FL 34112 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PALM TO 00 SO SHALL IMPOSE NO OGUGATNNJ OR LJA8ILtTY OF ANY KIND UPON TI E INSURER IT'S AGENTS OR REPRESENT'A'1YES. AUTHOR ZED REPRESENrATNE Attw*iom ..wnw w tavvluvv/ %ourarRam w uqtD O ACORD CORPORATION 1966 19atl U1 CULJb b:Z)e bKHI.tT—bHL,KtK bblebZ)UUJ,4 ACD73D CERTIFICATE 4F LIABILITY INSURANCE os 01120 TM. PRODUCER Poona (681)Z764058 Foc 681 - 265-0=,% THIS CERTIFICATE 4 ISSUED AS A MATTER OF INFORUAnON GRACEY BACKER, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 175 GEORGE BUSH BLVD HOLDER. THIS CERTIFICATE DOES NOT AIEND. EXTEND OR DELRAY BEACH FL 33444 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC * INSURED INSURER A: COMP OPTIONS INS CO VOCATUS MEDICAL MANAGEMENT SERVICES, INC. INSURER B: C/0 RICHARD OTTO INSURER C: P O BOX 8549 _ NAPLES FL 34101 INSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE REN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REWREM ?NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WRICH TKS CERTIFICATE MAY BE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 6 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITWNS OF SUCH POLICIES, AGGREGATE LIMfTS SHOWN MAY HAVE BESV REOLICED BY PAID CLAIMS. LNSR AIXYL ME OP INSURANCE - -' POLICY NUMO/t FoLIcv IFFIews micl s>IFItADON LIRRS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE 3301 EAST TAMUIMI TRAIL GWVU%LL1AM7Y COMMERCIAL GENERAL LIABILITY CLAwismADE[:—j' OCCUR - - -- TO DO 80 SHALL IMPOSE NO OBLIGATION OR UABILnYOF ANY KIND UPON THE INSURER. IT'S AGENTS OR MPRESENTATNES. EACHOCCURRENCE 4 DALMGE TO RIN111P pitimm6 mo W.4r s Trish Warren MED.£XP(Anycaspwan) I PERSONAL a ADV INJURY I GENERAL AGGREGATE S GEMLAOOREGATELOMTAPPLIESPER: POLICY J@Z LOC PROOUCTS- COMP/OPAGG, S AUTOMONILa UAIIILrrV ANY ALTO ALL OWNEOAUTOS SCHEDULED AUTOS HIREDAUTOS NON -0WNEOALR'OS - -°— j I COMBINED SINGLE UNIT (ElkomkbM) i COOILYINJURY (P-parow) ! s BODILY INJURY (PerACddsnt) -- PROPERTY DAMAGE Pu Kaa,nl) s GARAOB LUNUTY ANY AUTO AUTO ONLY - EA ACCIDENT i OTHER THAN EA ACC AUTO ONLY: AGO i S EXCSB6) UMBRELLA LIANUITY OCCUR F7 CLAIMS MADE DEDUCTIBLE RETENTION s EACH OCCURRENCE s AGGREGATE _ -- i _ Is Is A VORKBitO00MPBNLATIONAND BINPLOVIRM UTAMILITY ArYFIID#RItRORlP/RTNWiItICYT" ORR,tD7Rlttpl IMgJAfpT WROALFRFKONMIOIR1 bobW OICA1212DIS201 08102M5 0Er0?JOi X TORYUMm OTNGR E.L EACHACCIDENT $ 1,000,000 EL DISEASE-EA EMPLOYEE S 1.000,000 EL DISEASE-POLICY UMfT b 1.000,000 OTHER: DESCRIPTION OF OPERATK N &II- OCATIONSNEHK:LES/EXCLUSIONB ADDED BY ENDORSEMENTI SPECIAL PROVISIONS RE: CONTRACT NO. 05-3748R -ON-SITE PRIMARY CARE HEALTH SERVICES COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE 3301 EAST TAMUIMI TRAIL EXPIRATION DATE THEREOF. THE ISSULNG INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE COMFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE NAPLES, FL 34112 TO DO 80 SHALL IMPOSE NO OBLIGATION OR UABILnYOF ANY KIND UPON THE INSURER. IT'S AGENTS OR MPRESENTATNES. AUTHORIZED REPRESENTATIVE �AA„►-.qsq Atbntlore Trish Warren Auunw ze jauu'wB) L:ernncam a 9+x14 0ACORD CORPORATION 1988 ' 1'1 ti � U1 CUUO 0;,-3.3 .701 COODU3T JUE6 ACORD � CERTIFICATE OF LIABILITY INSURANCE DATO5(I101r 0s PRODUCER RWW (661)2764656 Foc 58t- 2e0-MM TM CERTIFICATE IS MSUED AS A MATTER OF INFORMATION GRACEY BACKER, INC ONLY AND CDNFERS NO RIGHTS UPON THE CERTFICATE VS GEORGE BUSH BLVD HOLDER. THIS CIE'RTFICATE DOES NOT AMEND, EXTEND OR DELRAY BEACH FL 33444 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ( NAK: ;II INSURED VOCATUS YEDKlAL MANAGEMENT SERVICES, INC. CIO RICHARD OTTO P O BOX 8623 NAPLES FL 34101 INSURER A. COMP OPTIONS INS CIO — INSURER 8: INSURER G — INSURER R rM AGENTS OR REPRESENTATIVES. INSURER E: OWN IUIL LIASILITY COMMERCIAL GENERAL LIABILITY CLAW MADE 7 OCCUR THS POUCJES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATM, NOT1Nf7HSTANOIN0 ANY REQUIRmaNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOVO4CH 7HR3 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY YHE POLICIES DESCRIBED HEREON 13 SUIIJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF BUCK POLICIES. AGGK MATE LO TS 814OWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. ' - -- -. —JADDIL LTR 3301 EAST TAMIAMI TRAIL TYri O NBUN P M POLDY iR70NI DfPMtATION LMITt rM AGENTS OR REPRESENTATIVES. OWN IUIL LIASILITY COMMERCIAL GENERAL LIABILITY CLAW MADE 7 OCCUR EACH OCCURRENCE t OMMiOI TOItlN71:D IRMCEB Noawrrlw .— ._•••. i i J MED. 1.10 (Arty wo prawn) PERSONAL & ADV INJURY i _ i t - GENERALAOGREOATE OWL AGGREGATE LIMIT APPLIES PER: PFL6 POLICY ,IBS LOC PRODUCTS•COMPIOPAGG. _' -- AUTOMOBLC LIAMIUTY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HBNEDAUTOS NONA0I04"EO AUTOS COMBINED SINGLE LIMIT (eltaor�drnr) i -- - - - -'• t t — - - -- - BODILY INJURY (Pair portion) BODILY INJURY (Per mwiArtr) PROPERTY DAMAGE w *=Merit i GARAGE LNIBBJTY ANY AUTO AUTO ONLY - EA ACCIDENT t -- OTHER THAN EAACC AUTOONLY: AGO t _— MLCGUI UAMRILLA LIANUTY OCCUR F CLAIMS MADE DEDUCTIBLE AFT6LYnON i EACH OCCURRENCE i AGGREGATE i i I A 11IOIRNtIlBCOMPONBATIONAND EMPLOVNWLAtiplTY 110CLUPAxTN�seullr� �LIS LPROWAM *bdow 01CA1212De8202 08AW06 08102f07 x 0,W E.L EACH ACCIDENT t 1,000,000 E.L. DISEASE -EA EMPLOYEE i 1,000,000 E.L. DISERSH -pOLICYUNIT S 1,000,000 OTHER: DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS RE: CONTRACT NO. 08.3748R -- ON -SITE PRIMARY CARE HEALTH SERVICES ftr.fa_arl�u+>,1r_:.:r.la: .r_�alN- N� +_�rl•s COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 3301 EAST TAMIAMI TRAIL , THE ISSUING EVIRATM WRITTEN NOTICE TO�THHE CERTIFICATE HOLDER WILL ENAMED TO E LEFT. UTFAtDURE NAPLES, FL 34112 TO DO $O SMALL IMPOSE NO OBLIGATION OR LMBILITY OF ANY KIND UPON THE INSURER, rM AGENTS OR REPRESENTATIVES. ALITH ORIM0 REPRESENTATIVE Atbrttion: Tfth WaTTen ACORD 25 (200'1106) comfifcate 9 9627 0 ACORD CORPORATION 1988 COLLIER COUNTY 16E6 v RISK MANAGEMENT DEPARTMENT Building D • 3301 East Tamiami Trail *Naples, Florida 34112 • (239) 774 -8461 • Fax (239) 774 -8048 April 24, 2006 Vickie Green, Business Manager VOCATUS Medical Management Services P.O. Box 8523 Naples, FL 34101 Re: Primary Care Medical Services Contract Insurance Requirements Dear Ms. Green, r, 2006 Pursuant to our meeting of last week, I have reviewed the insurance requirements for the upcoming contract for Primary Care Medical Services to be provided at the County's on site clinic. VOCATUS will be operating a general primary care clinic which will provide medical services commensurate with such a facility. We discussed the limits needed for this operation and it was determined that the clinic will not be providing high risk services and that in general, the limits of medical malpractice liability insurance purchased by primary care .physicians is $250,000 per occurrence. Originally, we had specified limits of $1,000,000 per occurrence in the RFP. However, given the scope of the operation; the number of proposals received; and the general state of the medical malpractice insurance market, Risk Management will agree to limits of $250,000 per occurrence. Per our discussion, please be prepared to purchase and provide evidence of this coverage at the time the contract commences. If you have any questions, regarding this matter, please feel free to contact me. Sincerely, eff Walker, CPCU, ARM Director, Risk Management Cc: Linda Best, Purchasing C o �• �: r C o x n t v V ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through 44, complete the checklist and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials ate 1. DARCY WALDRON (Initial) 774 -8000 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number (� 3. 11-15-05 16F2 4. by the Office of the County Attorney. This includes signature pages from ordinances, , l 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 1 Permit & 1 Certificate 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or mis information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to ap ve the item.) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number / 0 Contact DARCY WALDRON (Initial) 774 -8000 Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number (� Approved by the BCC 11-15-05 16F2 Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached Permit & Certificate Documents Attached 1 Permit & 1 Certificate INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on & 15-OS (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F2'a MEMORANDUM Date: November 23, 2005 To: Jeff Page EMS Director From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16F2: The Certificate of Public Convenience and Necessity Attached, please find the original Certificate of Public Convenience and Necessity, as referenced above (Agenda Item #16F2), which was approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you have any questions, please call me at 774 -8406. Thank you. Enclosure (1) 16F2'« Memorandum r, To: James V. Mudd County Manager From: Jeff Page, Chief Emergency Medical Services Department Date: October 6, 2005 Subject: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81 -75, please accept the following information for renewal of this required certificate: 1. Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 2. Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. 3. Collier County Emergency Medical Services Department has a total of fifty (50) State licensed vehicles. Thirty (30) of these are licensed ground transport vehicles and one (1) medivac helicopter. There are also nineteen (19) licensed ALS Engines (non- transport). Of the above, Twenty (20) licensed ground transports, sixteen (16) licensed ALS Engines and the medivac helicopter operate 24 hours and day, seven days a week. One (1) additional ground transport licensed vehicle operates 12 hours a day, seven days a week (as needed) during the seasonal months. The remaining, ten (10) licensed ALS ground transport vehicles are held in reserve, while the three (3) licensed ALS Engines are placed in service as staffing allows. (Attachment A) Emergency Services Division 16 4. Collier County Emergency Medical Services Department has one main o f e d eighteen (18) substations located throughout Collier County at the following locations: Headquarters Station #1 Station #2 Station #3 Station #4 Station #5 Station #6 & 7 Station #8 Station #9 Station # 10 Station # 11 Station #12 Station #14 Station # 15 Station #16 Station #17 Station #18 Station #20 Station #21 Station #22 3301 East Tamiami Trail 835 8th Avenue South 2375 Tower Drive 776 Vanderbilt Beach Rd. 1280 San Marco Rd. 4741 Golden Gate Pkwy. 112 South I" Street 2065 Pine Ridge Road 11121 East Tamiami Tr. 7010 Immokalee Rd. 201 Buckner Avenue 14756 Immokalee Rd. 7227 Isle of Capri Road 97726 1h Avenue North 16325 Vanderbilt Drive 4741 Golden Gate Pkwy. 175 Isle of Capri Blvd. 3410 Pine Ridge Road 2795 Airport Road North 4375 Bayshore Drive Naples, Florida Naples, Florida Naples, Florida Naples, Florida Marco Island, Florida Naples, Florida Immokalee, Florida Naples, Florida Naples, Florida Naples, Florida Everglades City, Florida Naples, Florida Naples, Florida Naples, Florida Bonita Springs, Florida Naples, Florida Naples, Florida Naples, Florida Naples, Florida Naples, Florida 5. Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. 6. Three (3) Collier County residents to act as references: Michael Bridges 221 Silverado Drive Naples, Florida 34119 John Dowd 2999 Gardens Boulevard Naples, Florida 34145 Heather Rockcastle 342 Pinehurst Circle Naples, Florida 34120 7. 8. 9. 10. Collier County Emergency Medical Services Department schedules of service fees (Attachment B). October 15, 2004 Memorandum from Dan Summers, Director of Bureau of Emergency Services to County Manager Mudd stating no further information required. Renewal fee of $250.00 by journal entry of an interfund transfer from Fund 490- 144610- 649010 to Fund 490 - 144610 - 366900. Collier County Emergency Medical Services Department financial statement is available in Collier County's Finance Department JPP/bb Attachments Emergency Services Division 16F2 `. COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT #1 This Permit Expires December 31, 2006 Name of Service: Collier County Emergency Medical Services Name of Owner or Manager: Collier County Board of County Commissioners Principal Address of Service: 3301 East Tamiami Trail, Naples, Florida, 34112 Business Telephone: (239) 774 -8459 Emergency Telephone: Description of Services Area: The 2,032 square miles encompassing Collier County Number of Ambulances on 24 hour duty: 20 ground units (ambulances) Number of Ambulances on 12 hour duty: 1 ground unit. Number of reserve Ambulances: 10 Number of non - transport ALS engines 19. Number of medivac helicopter: See attachment "A" for description of vehicles. This permit, as provided in Ordinance 81 -75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this day of 2005 ATTEST.,, • i ^ ; , Dwight: Brock;L,ERK Attest 4a, e a i roan ' s siOndturi, "en.Ir Approved. &legal sufficiency: BOARD OF COUNTY COMMISSSIONERS COLLIEF COUNTY, t�. UNTY, FLORIDA .J . Fred W. Coyle O pN O N A Cn D v m m ro w 0 A 16F2 1N co C.n u+ o o -t A w A cco 2A ONO limit Ln � �Aa A o1 00 0o m CAD n� N v v m co 00 0o N �! c� cD tit ID .a 4D N i A O N A A W Q1 A (A N CN fn O W O tD Cn W A A W °? N N W N N A O t0 C.1i w N D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D� D P D Dr D P D D D D D D D D crncrnvlcrncrncrnncna) rr)cn ccociwcrn�0 (ncrn(nccnncrncnntrnrrnu)c0) nuri v+ cnncna itn0)icncrnrnvn(rn(n Enncrncn C -7 -i z -1 -i z z -1 --1 --1 z -i z -4 1 - - -1 --1 -1 -1 -1 z z -1 z -1 -1 -1 -1 z z z -i -i -i --1 Z Z Z z -I -1 z ro T m T w (n m-o T T 2 m o T T T T m w m Cn w w T m T m -n m T T -Ti Z m m T T T g m m m m m m m m m x D o m m m m m m M m m m rn m m m rn m m rn m m m m M m m x m 2 m m m zx1 -- z � zz -- z U) � � � _ M O O O M M F- C� C3 0 G7 o � � � � � c) c) c) c) C) c) G O O M m G) Q c) m;r-u o � c� c o o m 2 m 2 z z m 2 2 2 n m m c=___ 2 2 2 m m m m 2 X �Z z ��y Z- -qozzzzz -1 -1 -i -IAZ -i a r6) G)G) rr-1 G) r rrv000)0G) rr rrrrr r r G) rr Z z z o z z 2-1 z z z z z z z z z z o z z m mmz mmm mm mmmmm mmmz mm x XzD �x m� M� z�M Xa� M M MD x ro r r rT0C66 ZCrT -rT- wC Dar- T -rT-m� DD O� T- nrT-rTrT- Dcr- -rT -rT- 0 ccc r 0 mnColtilzCrno,ocClc olna/rnnnrnc C,ca rnrn rnccmrnrn c)cccQ O mm002_0 0 mm'o waOmmo� co zO'000i cm _0 mC, z � _0 2 m m c z z N ppN N N N -� N N pN N {p (p N (� pN pN pN CNf pN �p �p N c-+ -+ -+ N N N ttDD N co pN t�pp ppN N GON -< w A N N tVD O tD -4 O W O W lV0 m S f4 O N O N N cJ0 -4 W M 4 S (A m COn O W O O W? Q1 G CC -4 W O Cn I� zoon 00000000000c) c )00000000000000000000000000oom < m o CL w C N w w JO r J+ 0 0 0 to w W N? .� w CD N O Cn (O CD t0 t0 CO CO 10 N O O Q .� CD CO 10 C O OD 1n Ln s O O N N O N O Q CO W�� N w W CO N O CO CV n CN n N C7t Vi w V ro ppA p 0 0 0 0 0OC O �p t 4 0 tO -4 U n O O S O CD S 1077 A N N W A N N ON O O W ro T� �] T] �7 Z N N N N N A 'I'� 'I'� A- - - - - A A T] TI NTT 't4 '�V 1 A TV Z G<� Z �TN1 G G DTNI [ TNV N TN T N TN '� G C C G C C G Z Z 'C G< j TNV G C Z ?; Gw D }�0()ww� AC)www ADD�Dn1A�wc7wwwwrnt�l W w w Za n(jnnww G)n DD -iG)r7 c�- IG)G�G)c�3A*DDC)C)DD -I 0o G)- IG)G7gG)2 G7QG) 0 T T A S 2 ° T T T O T T '�'1 7C S T T S O S T O T T T T r T T 'T1 - O O O O n T A Z m W L7 N_ W N W$ o N W G9 co (A W 0 0 co N � W N W w m m n W a) W (7 N N N N w a) a cn X A 00o ' W can rn N w cni py� y CA X N0 N C� w lnn a X K l0rt X � p rn A A 0t�1 0 02 (D A W W< D --i CVoi w D{ X "< W W A A W '. X G ',� '< � cn CN _ � -.1 A N ^C < CD = D xa D D o o° S T 5� 0 2 D D D° ws c=o 0 2 m cn rn v+ o Q 2 ,xt 2 J° po 0 0 0 o m c°DO vii ° w w rn a t�tO(i1 v 1°DO C�7 `" chi, l�n u+ cn ��S77 pp� a 1°°n �' ccQ4 r1'v S �5 � ° � g a o ° °o "pi fn 000 (A CO 601 v V v W N W O V A OND ON4 CN '� A 001 40 .prp r lVjf N O Ao 1D 1W1��11 ? m m A CO M t0 W O N N A A 1.011 O ? N N 001 100 Q O V (N .°p � A O O N V N ,V U W A V A O O A Cl� W CN co VOIE0,d OT:TT SOOE -TT -100 CD Iro ro O N O 0 u, C A A D m to m 0 A bO /20 *d 16F2 N N -+ N N 1V N A tD N 9 0 tD CD A .p 'J CD W A A cr w W W W Ch N i n D D D D D D D r r r r r r o wcncncncnin O CD -4 2 � -q Z 7 O CD f cnmmmmm --i fn— m w �' nG)0m n ° r- 9 zmmT m �' G1 r r ° z Z m m y ;o N C Cl) D. D - r N cO n �- C O � Q Z Z m m m a c PDT r- pOp to O LD tD Q lD A m N V Ch N m Z n0t0o2on N < O O. O. S O O A O O 0 C 0 O 0 C7 0 O IA W N W AO CT Cl+ (D7�0D0G3D�� n N W N N C)7 co T 2 o g D 5 7C co J N O N W N N 00 r (." Oo q CC) A CY) W A ©T:TT SB ©Z —TT -100 Attachment "B" RESOLUTION NO. 2005 - 224 16F2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPROVE UPDATED USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 -36; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING CLARIFICATION ON ADJUSTMENTS AND WAIVERS; PROVIDING CLARIFICATION ON WAIVER OF SPECIAL EVENTS; AND PROVIDING A PROCEDURE FOR APPROVING HARDSHIP CASES AND PAYMENT PLANS; SUPERSEDING AND REPLACING RESOLUTION NO. 2004 -231; AND PROVIDING FOR AND EFFECTIVE DATE. WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "EMS ") provides ambulance services to the residents and visitors of Collier County; and WHEREAS, the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residents and visitors of Collier County; and WHEREAS, Collier County Ordinance No. 96 -36 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter sometimes referred to as "the Board "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: EMS USER FEES BASE RATES: SERVICE LEVELS CODES BASE CHARGE A. EMS - BLS NON - EMERGENCY A0428 $575.00 B. EMS - BLS EMERGENCY A0429 $575.00 C. EMS — ALS 1 NON- EMERGENCY A0426 $575.00 D. EMS - ALS 1 EMERGENCY A0427 $575.00 E. EMS — ALS 2 EMERGENCY A0433 $625.00 F. EMS — SPECIALTY CARE A0434 $650.00 G. EMS — HELICOPTER (LOGISTICAL) A0431 $3,200.00 H. EMS - HELICOPTER (TRAUMA) A0431 $5,000.00 16F2 I. EMS - BLS GROUND BASE RATE A0428 $575.00 (Beneficiary Death in Accordance with CMS Guidelines) J. EMS — BLS AIR BASE RATE A0431 $3,200.00 (Beneficiary Death in Accordance with CMS Guidelines) MILEAGE RATES: SERVICE LEVELS CODES MILEAGE CHARGE A. EMS — IN COUNTY GROUND UNIT A0425 $10.00 (Minimum charge of 1 mile and no cap) B. EMS - OUT OF COUNTY GROUND UNIT A0425 $10.00 (Minimum charge of 1 mile and no cap) C. EMS - IN COUNTY AIR UNIT A0436 $85.00 (Minimum charge of 1 mile and no cap) D. EMS - OUT OF COUNTY AIR UNIT A0436 $85.00 (Minimum charge of 1 mile with no cap) SPECIAL EVENTS AND MISCELLANEOUS RATES: SERVICE LEVELS RATES A. TWO (2) MEDICS /ONE ALS VEHICLE (PER HOUR) $150.00 B. ONE (1) MEDIC /NO VEHICLE (PER HOUR) $50.00 COPIES: COPIES OF DOCUMENTS /PER PAGE $1.00 (Excluding Governmental Agencies) PAST DUE ACCOUNTS: INTEREST ON PAST DUE ACCOUNTS: 1 % monthly SECTION TWO: BILLING AND COLLECTION PROCEDURE The following shall be the minimum guidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the provision of service, as service dynamics reasonably permit. Unpaid fees and charges, subsequent to time of service, shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the EMS Department. B. An initial bill for ambulance services shall be processed in the following manner within thirty (30) days after service is provided. Pa 16F2 1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that appropriate insurance information is made available to the EMS Billing Section. The EMS Billing Section will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carrier's are billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service, a bill will be sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted per the rules and regulations of Medicaid. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or responsible party for payment. The EMS Billing Section will wait no less than 30 days for payment. C. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions, (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period following the second past due notice, the account will be sent to the County's contracted collection agency. D. Interest will be assessed at 1% per month, on all accounts that are sent to the County's contracted collection agency (excluding hardships as defined by County policy). 3 .6F E. A reasonable and customary payment plan will be made available for a I service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section C.3 above. F. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. G. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. H. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. I. The Board may, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THREE: HOSPITAL OUT OF COUNTY TRANSPORTS Should a local hospital have a need for a patient to be transported to an out of County facility, the County shall, subject to equipment, manpower, availability and its sole discretion, utilize its resources to provide patient transport. The County shall invoice the hospital for all out of County transports that remain uncompensated after a period of ninety (90) days. SECTION FOUR: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners, in accordance with criteria established by the enabling Ordinance, may authorize other adjustments. 4 16F2 A. Medicare and Medicaid Adjustments. Contractual adjustments under Medicare and /or Medicaid assignment will be made in accordance with applicable Medicare and /or Medicaid rules and regulations. B. Victim's Compensation Contractual Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. C. Worker's Compensation Contractual Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. D. County Employee Adjustments. Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will be responsible for any deductibles, co- payments or unpaid balances. An employee may dispute his /her ambulance charge in accordance with procedures set forth in Ordinance No. 96 -36. E. Champus/Tricare Adiustments. Contractual adjustments will be made in accordance with applicable Champus/Tricare rules and regulations. F. Railroad Retirement Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations pertaining to Railroad Retirement Adjustments. G. Social Services Adiustments. Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Director. SECTION FIVE: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS Pursuant to Ordinance No. 96 -36, and from the effective date of this Resolution, user fees for EMS ambulance stand -by services may be waived if the Board finds that a valid public purpose has been established in recognition of their charitable contributions to the Community. 5 HARDSHIP CASES AND PAYMENT SECTION SIX: HA PLANS 16F2 The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SEVEN: SUPERSESSION OF RESOLUTION 2004 -231 This Resolution shall supersede and replace Resolution No. 2004 -231. SECTION EIGHT: EFFECTIVE DATE This Resolution shall become effective on July 26, 2005. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of e U n e 2005. ATTEST: DWIGHT E. BROCK, Clerk 4japu;y, Clerk form and Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA / LA). By: FRED W. COYLE, Chair an M 16F2�„ MEMORANDUM ATTACHMENT "C" TO: James V. Mudd, County Manager FROM: Dan Summers, Director Bureau of Emergency Management DATE: October 3, 2005 REF: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. fY. a Qn W 7. U z p OA U a z v1 tu O •� as � t0 uo U w U rn •� � ed CO '� o ° v N � x M pq ^' � N w � U N y o O v N ed y aoi O O o wo. u 3 O 4 O U a� O o U¢ b a� w¢ Q U r v O 'N :1; F BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 15, 2005 FOR BOARD ACTION: 1611 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. October 8, 2005 — October 14, 2005. B. Districts: 1. Port of the Islands Community Improvement District: Minutes of August 5, 2005. 2. Immokalee Fire Control District: Schedule of monthly Board Meetings. 3. Heritaize Greens Community Development District: Public Meeting Schedule for Fiscal Year 2006. 4. South Florida Water Management District: Executive Summary. C. Minutes: 1. Collier County Contractors' Licensing Board: Agenda of October 19, 2005. 2. Lely Golf Estates Beautification MSTU Advisory Committee: Agenda of October 20, 2005; Minutes of September 29, 2005; Minutes of August 23, 2005. 3. Environmental Advisory Council: Agenda of September 19, 2005; Agenda of October 5, 2005; Minutes of September 7, 2005; Staff Report of October 5, 2005; Proposed Action Plan Implementing Various Changes to Environmental Provisions of the Growth Management Plan and Land Development Code. 4. Collier County Planning Commission: Agenda of October 20, 2005; Minutes of September 15, 2005; Minutes of August 17, 2005. 5. Citizens Corps Advisory Committee: Revised Minutes of September 21, 2005; Minutes of September 21, 2005; Agenda of September 21, 2005. WDATAUMelanie\2005 MISCELLANEOUS CORRESPONDENCE\November 15, 2005 Misc. Corresp..doc 1611 ., 6. Vanderbilt Beach MSTU Advisory Committee: Agenda of October 6, 2005; Minutes of August 16, 2005. 7. Forest Lakes Roadway and Drainage MSTU Advisory Committee: Agenda of October 12, 2005. 8. Domestic Animal Services Advisory Committee: Minutes of September 20, 2005; Minutes of September 22, 2005. 9. Immokalee Beautification MSTU Advisory Committee: Agenda of October 19, 2005; Minutes of September 21, 2005. 10. Collier County Hispanic Affairs Advisory Board: Agenda of November 7, 2005. H:\DATAWelanie12005 MISCELLANEOUS CORRESPONDENCE\November 15, 2005 Misc. Corresp..doc 1611 A 1 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/08/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 8, 2005 through October 14, 2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. Corr6s: Date: Item #: k 1„ Copies to: M U H U W a H � H 0 0 N H W N 0 N CT O W m N W X U U E Uo >, o 8 O u w O ?� •a v ro o m o w z u 1611 A 1 o a H a z u a a a a a a o a w a H m w cn w w w G*. W H w cn a a w m u Q a o a a s m w a a w z H W W z W m W m cn W w w w w v, w cn a a H w H a w w w w w w N W w cn W w iw7 F a a W Fd a W H W W a a a u W w w£ Q a a a a a Q w W H F: H Q W. O Q Q x Q Q Q O Q a a H z x x z u a a z u u H w u W H u> a m W a a H z o z z Q w w o a H w w o z z a a m w o a O F H 7 - H N. H w a W : a H W a z Q x W a x x..x Q a H a W W W 61 A W w w z W H [Q A H a Q El a w w z z w 0 a U W W a U E+ H a w Q H U£ w a c5: A k4 a IC4 C m w w O � co Q z > ro u a a m H m w w U a W O£ a H X Q a p W z u H El C14 H u o Q s £ Z H Q a u x a x z a 11 W E+ a O Q w H H H W 0 W a W W z Cf) O O U U Q m a m �n w ua W z Q Q7 Hz tri m m w v W££ o W z m a: Q z H x W: Q z, w w 0 u �: £ a w W a X W a s a `J ?+ :m H H xa z a W. a: W. id ' 61: W Q x a H W w O H.. a U zz 0 Cl) O z W W a rt n. a Q z H 0 W z W a O H O H o U W U H a H a 0 w Q H Q w 'Cl) W: ...777 ,e^, a m IN H a �-+ a. z w z w a H H : z �. a a Q z a H N a w C7 W o 0 W ul z Q W o. H a££ O a F W: H Q H a Q. >+ >+ a s m. H. a rt 0 0 z O W A z >+ a W- H a O H w a >a H .-i a W W W H ya U w m u x w z a a W o H H W 4 w H a o o a ° a a a x 0 z z H41 W a w w a ro O A H pp F �[x ia77 Ca U faa � pQ , �j FC a J w - o as O w w a H a ?l W z 3 a0 0 u a w z z H C rS � w � U u ..�O H a rn PO w 9Q A H u >+ O w w a m E H W W z w w w u a w z o H U w H w G++ w a a a x u o W u w O O O Q w w H a x A A H w H O Q0 W a a U H N o E 3 H ca Q 0 U w 4 a w w 0 H O .H E+ H y m z o H a A N , H o m a u u u u u w ° ° a ° Q Q w � w w °°°w w w u o 0 0 o u a > u n o �o n o m o m o �n o o o o o o n r o Ln o� o 0 : :: U: m o w N o m m r w H o M o 0 o 0 0 0 0 0 m M 0 0 w M o o w W m.. m: cn W r. w Q u) t, Ln iv. o. H H m H o: N m 0 H 0: r: m Wo m we N o �. W: r v m m w o ff o.::cv. 0NH N.m.O0 o.Q �0 r �n �n..om cvm -h N. w M W H O N N Ln M H r Ir h L11 [M M H O M d' O .m H N. m. N. N N W H C' m. j: H R H H H N N N M H N� W ka5 CQ p p C: A: A A A m m W m W m W m m W m m W m m m m m W W W m co W m m m m W Cl) Cl) m CO) m W W m co m m m m m z] a z z] 5 o z a] o a u O z O O a a a O a O z]] a a Q w m to m 0 cn m Ln W �n 0 ui .- w m w W 4n o Ln m m Ln . u) m m m m m �n m w m m W Ln W W m w ro '.:4:1:: O .0 O O O O O. O O. O O O O O 0. 0 O O. O O O O O' 0 0 0. 0. 0 O O. O ..O O O O O O O O O 0 ..0 0 .0 . O O 0 0 0 O O O O O 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O- W N N N N.N.N NN. NN N N NN NN NN .-i .-/ r1 .-1. H .-i rl H rl r+. r-I ri H H H .-1 H rl r-I ,G lf1 0. 0 0 0 O q 0 0 0 0 0 0 0 O. O O o p O p o 0 0 :O o O O P O Q O O O 0 0 0 0 0 0 0 0 0 o p w.l rM-1 In h m m O H N. M a' lfl h m O H N M ..m H N M tf1 1zr M m 10 - w H N N N I. d' d! In N m O O O H H H H H H H H H ...-1 N N N N N N N (V. N M M !`' N M. v W N N N N N N N N N N N. N N N N. N N N N N N N N N' N. N N' N ''N '>;u: m m mrn mrn m m m m m m mm mm. mm m m m m mm m m. mm mm. m..m mm mm m m m m. mm m m WW. mc0 m m. m m m W W W' WW mm O O. O O O 0 0 0 0 0 0 0 O' O O O 'O O O O O O 'O'. O O 0 0 0 'O O O. 0 0 0 0 0 0 0 'O O' O OO O -O O O O O 00 O O O 0 0 0 0 0 0 0 O O O O OO O.O 0 0 0 0 0 O O O 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 00 O O O O 0 OO O O O O O.O O O. O.O O O O.O O O' OO OO OO 0 0 0 0 0 0 0 0 O O 0 0 0 0 O 0 0 0 0 0 0 0 O O O O O O r N.N NN N N N NNN N NN N N N NN NN NNN N N N'. NN N NN:(VNN N N N cV NN N N N N a m z \ f4 0 W O N m 10 - w w w w a�. H H ri H H H H i 14 4, U N N N N N N " N N I-I H H H .H. H .H. H H H H H H H 'H H H H. H H .H H H H H H. H H H H .H. H H H H WN M U w 'J O O Q) I_ \ NNN trl H a u m Ul sa x U p U E 0 U o 0 ?� o ll � 8 8 U W O >. W C ro 0 w0 z 0 1611 p 1 a a w > w w w u W W a w H W. W. a m a a w a a W co w w W W w W w a a a w w w w w w w a w w w w a W a m w w 0 m a W H a w W a in w w w a a w w w x x w w a a o wa w a a a . a a w W m W 4 N £ w 0 4 w Q E+ F W w W a w a H a W E Hx H c H w a W u W x z a x W H C-4 H H �Q a W U H >1 w U W H H O w a w 12 W a F a W a: O z 61 CO W O z a w W A) U O W E x W H a E' O x w W ?� a U a w W U z CL �+ H W tea' w 'k9: a: U' W iQ 1Q z a W O QD 0 W a a W W W u W W a [x a C7. U .W-7 p: w z >4 U E H a H 4 u C7 C u W U� H w W Q W 11 W a 0 E C W z > a z �RCC w u W U P� a £ H U z �+ z 0 H W 9 U a FC h U H a U z z W H Pi H O a El z H a o a a s H z 0 W a . 0, W B �. .� A ':Ill H U£ z a U . a W W» a z C7: O a re '6! U z w w JW 4 �c a 4 z W R W O4 O£ ¢ H W E H F m H O a U W a >+ E z Q" z a W W H 4 0 W a H FC P 22 A C �1 a o 0, g w -: W £ H W Q O FG W U v: Q 4 z u 0 W W P3 W O W F Cl) a. P: W W: q W .7 cn �. W z W Y* P7 U Ck W O u H H 3 W£ F W a H a a o. H a z,�-� rar[h� z £zw. E-� o P4 W a a w a 0a (HIl 0.01 14 w w w GH. W a 3 Q W a w w a O Z > a z PO w W F O O O a. C7 W z w E Q RwC fx W W a q W H 0 o o - w w W C*C'+,l WW �Ul 5S� F H F C-1 £ O W W 2 W H H z F x U Q 3 a !J O 6 +1 3 E:+ as z z z a z a a >+ >+ fx H Q Q W U 04 W H O> U w W W: Kj W E U !Il o- z 4 W w W a 0 U U W z fy >1 w u C7 f4 £ O N r� a z H a W W H U a A a W O £££ £ x u z z W O a Lb n 4 ra; rj Ck >a W RC Cl) o W w W a 'J a s D: r-M Z4 w W H F H F z. £ z W W -'a M Q Q A Q A: H:£ z z: 0 U z Q a a L a W W El El W O 0 tt h W a . . w� a ££] Ha F W a w w W w£ u H 9 a w o 3 W O O O O Pi . W 4 > O .4 O O O Ix 0 0 >' ££ z Z w w w w w w w w w w w w o cr u o u x x x H h h h o H O O O m N dw Ul O o w O R o O R N. o Lfl o. N O o o o m O. o . O 0 lD O- N v O to O 0. O N. 111 0 t11 0 0 0 H R N 0 0 0 W O N O O r M O N O H 0 -T Ln O 9 cO 0 v o H O O O 111 01 W H CD lf'1 W 1p O lfl T N H N. 111 m R N H' O m r N m N m o O Q\ w D\. H tll W '.O' [l 111 01 O. H 1f) r \D' O 'o. 01 '.N ti: r N O 10 H r O H O w r N V' M O O N m N W r 01 r N M O LP Ill W 'C 1D r Ill T [t• lfl N m H H 00 O H rl 0 1f) T G 01 O CO M M d O N N r H H a V �D m H O H H r O W d H A. Q Q Q A Q A A. A Q. C!). W -W W W W WW W W W W WW WW W W W.W W W W W W W W.W W W W..W WW WW WW W. W W W- W..W. U) cn U) cn co w w w w ] 'J Q.� Q ro PQ ..111 to U) to 111 1I7 11). to Ifl 1f1 tlt to ul. II) -. to tP Ul 111 1n Ill Ifi. to Ifl to I11. 111. lP W ul 1f1 4(1 LIl U1 lf1 1(1 lfl W lf) If) to Ifi In Ul 0_0 oo. 0.0 0 0. 0 . 0 0 0 0. -0 0.0 0 0. 0 0_0 0.0 0 0 0.0 0 0 0 0 0.0 0 0. 0 0 0..0. o O o o O O o O o 0 O O O o O o o 0 0 0 o o o 0 O -O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .Iv H H H r-1 H H H H H H H rf. H rl H H H H H ri H H H H H H H ri H H H H H H r1 ri H fi ri .-/ H rl ri rl O O O o O O O O O O O O O O O O O O O O O O O O O O O O O Q O O O O q. O O O H O Q 1l w H H H H H H H H H H H H H r r 4 r H H H H H H H H H' r CO 01 0 N M 1D r Mo mo W r1 0� a, 10 ID W. r T r r r R r r R r m. N a, 10 r- C- r0 w w N m m rn rn m m o o d d o O W W W to w m m 0 (N N N N N N N N N NN N..N N.N N N. N N. N N N N N N N N N. N' N N NN. N.N. N..N N.N N.N N N. N N N N M M M M M M N N N i :: w 01 01 w w w w w 01 Ol Q) at Q1 01. O) D) a> D7 O\ O\. x..41. 01 a\ O1 Ot OI 01 O1 Ol D) 01 D\ D\ Ol 01 M W C0 m f0 00 W W W 0] O N CO C0 0 C0 N OJ m N 0] o. W N W CO CQ. CD fO CO .. W 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 0 0. 0 0 0 0 o o O 0 O O o 0 0 0' O O O O O O o 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 O O O O 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 O Q) O: O O O O O 0 0 0 . O O' O O O O O O O O. O. 0 0 0 O O O. O O O' O o O. O. 0 0 O O 0 0 0 0 O O O :O O O' O O OO O O O O O.O O.d O. 0 O � i::4T(: N.N NN N N N N N..N_N N N N NN NN.N N N N NN N N NtV NN NN N(V NN N N NN NN N N a m 44 0 0' m Q) D\ O H N M 10 r co m O H N. M .. T I0 '0 r oD 01 0 H N M. sr. Ln t0. R co .. T o H N M W V) 00 01 O rl N T O. O .O O N O. o. O. N rl H r1. H ..N N N N'. N N. N .N. N '. N N N N. H.. N N N- N N N N N N N N N N N N N- N N -N N N N N N N N N N N N N NN N N N N N N N N N N N N N N N N N N N (V N N N N N N N (V N N N N N N N N N N, N N N N U N 10 ro m ro U .� M U H U w w ] H £ M 0 0 \ \ v rn S4 i to N S-I x u U E Uo >, o 1J H 8 8 U O ?� O O1 b rt CL E 0 10 m z 0 1611 A 1 N a w a w O. U) Cl) m �l E a a z w a u a w a a a a a w O a x w H a a W. W C) ° m !� 4i Cui z 9 W ?� p w- m m z u a m O _ i a o in w a W w Q m a U m W a F H a F H !k w¢ F x w w w w w w w w `° 4 11) w s a a w a a a z m Q w x Z M H a z Q W a a a z I a w m z m° a w Nz w a " u a w z a a c° a a z w o ° - a a z a z w a a s w w o w o m w Z a£ 11 m a o a u m w > H z w z ✓K z U Wx > O >+ z 0 0z ::CQN f H C1 : w w U z w N x a a w O a4 O 3 m U) H w w p W < 4 U Q a H Ck a w x > C4 P4 z F w m a U z w a R H W U 3 Q m m U W W Z W KC x H W C4' p4 H ,h H w H F �.Cq " x N: z w W A m W P: a RC z W W R: z H a. m m W£ Q P: U7 £ a z m H x a z " > a C4 u o a a" O W u > C4 W a o w 7W a U a W H H z z Z °' q Cz7 ,x!! pp z w z a w m a a Q4 m Q a w u x z H H x o q aU w x -m dy. m a a ".a 7+. Q W a H w u z w. z: P4 Ol 0 z£ W 9 O 0 w] W m W Q F H H P4 z X" w 24 CX w P4 r+ O F W: m m H a 3 w z z. O zz w H O m m m z m m m. co m a s w 0£ O u 0 U W £ '. m � z 0 0 0 x" Z .Ek 0 F Ck m O w W C4 w w W w w W x N U z O. a Z m H O £ 3 3 3 a a a W r7 a m N F N O " a 3 O 4 w 04 C4 a P: U 04 a a a a 3 X a' H 4 a' a O O 04 E £ zz z° a a z zzz z £ z z z z W W a a a W O a h .� O . O.' m m M O Q O. N N 70 O N O O N O H. 01 Q1' to ul. O O N M H 10 111 Q, M 0 O H O ID O O O r. O 0 O O. O O. O r. N m In Ul w m C 111 N. v O m r m H N m \o M O M m N H r N m r 70 m O N to O l0 D\ H O O O . Q Q L(1'. O O at m V'. 70 'M 4l r. 111 w 117 m u). N d' m O r O N C N H 111 0 i' 0 111 r t0 W r m d' H H W H N N M N H m In O N d' H N N M 0) N M H Ln 111 r r O to N N r N. d�.. O Ul 117 N m M m M d 10 H r H H m m M H r M N O O N H H 0 M w H H H 01 O H N H M lfl M N H H 111 N :X0 !;llii Q.Q Q Q p p Q.p Q pQ R AQ: A A QQ Q:p Qpp Q Q A -A p A:p Qp Q p Ap Q Ll Q Q pR Q.R. .sG ':',}':: m'.mm mm m. m m mm -mm mm m mmm mU] m. mm m m mm m mm mm m m mm m m -m m m -m m.U1 A :p U p�D p p A A p 7 u A u U1 U1 l!1 In In 1r7. N 1f1. 111 m m m to lfl 111 m m In In ill 111 o to m 111 m 117. w m o m 0 to m 111 m Ln <n 111 o 111 o 111 117 O "0 O O' O 0'. O O. O 0 o. 0 0 0 O O. O O 0. 0 O O. O'.'0 O '.O 0. 0 O O. O .O. O O O. 0 0 0 0 0 0 O. O o. b ;k:Fi o o 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0- o o o 0 0 0 0 o o o o o O Q 0 0 0 0 0 0 0 o S4 :::fO:: N..NN'NNN'NN'NNNNN N.N.NN.NNNNN'N N'N'N NN. N.NN NN N.N N. N. N N N' N N N 1: H rl H H H H H H H H H H H H H ri HH HH H H HH H H H H H H H H H -H H.-1 HH H H H H H H H '.\ H ' . \ H H '. H \ r) \ H \ H \ H \ H \ H \ H \ N \ H \ H ' \ H '\ H H '\ \ H '\ \ \ \ H '\ \ \ \ H \ H \ Hq .H OH OH OH QH PH OH O O O O O 0 O O O O Q O O O O O O O O . O O O H .0 W M ::k:: H. H H H H HH H H H H I H H H H.H r m. to -1 111 7D. r 01 O H. N...M V' LI1 10 r m Ol O H H H N N m H H H H H H H N N N N N N N N N N M M M M t+l M M d' d' Vl [t! C d' d' V' 111 to o1 01. m of 01 07 QD 41 01 . m- m m m m w m m m w w w m w m m w w m m m m m m m m m m m m m m m m m m m m' m m m m m m m m. m m m m m m m m m m m m m m' w m m w m w w w w m m m O O o 'Q O O. O 0 O O O 0 0 O O O O O '0. O O' O O O "0 O O O O O 0 0 O. O O O 0 O O O O 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 00 OO 00 0 O O0 O 00 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 O O ON " O O. O O. O O O O O O O O O: O O O O O O O O O O O O O O O' O "O O O O O O O O: O O O O O O O 0 0 0 0 0 0 0 0 0 0 0. o o o. o o o o o -o 0 0 0 0 0 0 0.0 o.0 0 0 0 0 0.0 o.0 0 -0 0 0 H r :�:4i1: N.N N.N. N N N N N N N N N N NN N -N NN N N N [V N N NN NN N:N N N NN NN NN NN N N a m 4 0 Cp r a z .Q\ ?a m � i r m 4\ O H N M �M tf) LO r O H N M W r 00 0 H N M d' In 0 r.� 0\ O H N M w .0 . v v m m w w w Q w m N N N N Itr N 'IV N to N 111 111 N to N to " In :N N N N N N N. N m: N r r :'r r r r r.' r r r m. m m m m: m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N- .1C .�G U U :.;}.: '�;: N N N N N N N N N N N N N N N N N N N N N N N N N -N N N N N N N N N N N N N N ry, ry N N N GCU N HH'H HHHH HH HH.HH.riH H'HHHHH H. H.HHHHH H.HHHHHH'H H.H. H.HH HH H' M U H £ w m 0 0 0, la N \ N tr o a w S� y Ni N i4 x U U E O U o u H 8 Q) U W O m C O 110 O CQ z U Ifol1w., U a a cn m w u w z a s a P, Ai a a w a w a w w w m w cn w x w E. F o a C7 a w m m m cc It a Q rn q w x z m cn W fy a W a E 3 W H w m cn w a a w a Q 7 La w e Q w a a a>4 a a w z Q a w z a w H a a w Q£ m Q A w o W o Q a x w Q m °� a z° m1 E t� m Cu C3 a m z W a a a 4 a - U a a a Q 0 z a' Q W : >1 w Q g4 0 F w w w a a W F a a A a a a z m Q u + w u u h w£ O m >w w W w z z z . Q z a z a m z u� z co o m Q a £ w a a a £ x m o w w w m E w m A a w z a a w 0 A Q w w w x o F H o a 0 a Ck; 0 a U m H > E w£ W w a s w Q w u u q u m c� w u a m a a c� F£ w z z a eQ» w w w F u N w a N a z w u o z m Q z w w Q w 0 F Q H w w Q q m w> z> C o w x u u 0 w a wa U m M m y m cn w a a z z a z z ID a m E£ m m x H A x r 0 z Q z v w U U:. W 2 [n. O z a 3 Q z. E '4 O w. z O z H �2 w U E F w a F O w a d! F Q m H z O [x q Q C7 W U m H.. ] qq z Q CL' U w H p; C1 W W Q z W P,' H H£ U U Q Fk. a z W H m w tx U W ,�QQ m x E m a a H W H W U w W a E a z 2: a W a. m O W 3 0. £ C7 w.a m z £ a W. m z :W 114 Q a' z U U H 0: H a x a a' a w O z W 7. H w. a W x m H W W a w 0 ,7 U E H O x z u O z 0i ()� - u D� w :>� U H w> ai : a U w 3: u H a: a H H 0 : m m w CL' m w H L4 a w C� !� e! u H o w o 0 w z a F £ a a Q w w a o z a Q as F in a a z m o w w w w 0 u +? £ £ w r w a q o a q a w o w w a u w rx F w Q a H a H z w o H w w u Cn w m a t a q z 0 U £ u H Q 0 w m x s a w w iy' U w E z F O 0 U �-+ W z W a m EEE o a>~ H A H E F ?+ Q z O RC W. >1 >i a H Q4 i a a o : m a o 7. w. H£ a Cx m m w u u cn W H x? a a F m E W a x x A Q W x w 0 0 0 a a u a' S 0 O 0 w O w k5 N W W w m H a U A W W W F W z F E W 3 m m x H a x H£ Q> C7 F a 5 a m Q h m a O a' C� H W m m >1 w 0 0 0 E+ w w laWW� 1.4 w a a a a a. Q M. N a H H: F > 3 O1 a coil (nn m m c£n m Cxq : E E- E H F+ H F: F E m >: P 3 3 3.. r op o m m o o ,r m io m In o �r N m I N N O d' O N. Lfl 0 r m O N 111 _tn. lO M d' O r-1 LIl N O O m C r N O UI M N 'r N O V' M [T. m m M'H to N m m M 'r 111 W. C r' N rl M r. mM r.0. O V� �D N m l/l r O M Ifl r r m m O M r N V' OD m In m O m r w r 111 N 01 m 0. d� M O �0 H N H H O to r M M O'.r 111 O. M W. ri' M �. d' rl H Ori N Ut. Ln Lf1 M Nr p.); A. q m m. m m m m m m Cl) m. m ..m m m m- m m m m m- m m m m m m cn U) m m m m m m m cn m m m..m m m m ..m A A: D A :] ] A A] ::p A] A] x p A p' A A A 7] D x A A A ro ... to to m 0. N. 0 In to -. 0 0. '0 b : O 'O' O..O O 0' O 'O O O.' O. o O o. O O O "0 O '.O' O 0'. O -.O O '0. O O' 0'.'0' 0 0 0 0 0 0 0 0 0 0 0 O' O. O. 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 O O o O o 0 O. 0 0 0 O O O 0 O O O O O O O O 0 O O 0 0 0 0 O 0 0 0 0 0 -O :::: (dt:: -0 N N N' N N N. N N N N' N N N N N N N N N N. N N N N N '. N' N N N N N N N N N N N N. N N N N N '. N' o: ri ri ri ri 1-4 r1 r-i ri ri ri ri rl r-I rl ri r-1 r� r-1 r� rl E O O 0 O p. O: O' O..O. o O O :q 0 O..O Op: O.Q 0 0 O O. 0 0 O O Q Q O p Op O.p rM-I N. M .Q mo w � Ln Ln r- m m a, m in In 1f1 u1 m u1 u1 �o � �o w m m� m m r r r r r r r r r m. m m m m m m m' m m m m m m m m m m m m m m m .w m .w m m m m m m m m m m m m m .w .oD .w w m W m w m m m m m m m Cp m :0 0 0 0 0 0 .0 0 0 0 .0 0 W. m m m 0 m m m m. m m m m 0 0 m m w w O O O 0 0 0 0 0 0 O O' O O. q 0 O O O 0' 0 O. O 0 0 0 0 0 0 0 0 0 '0 0 0 0 0 0 0 0 0 0 o o 0 0 o 00 0 0 0 0 0 0 0 0 0 0 m ::rd:; 0 0 0 0 0 0 0 0 0 0 0 0 0 o .0 0 0 0 0 0 0 0 .0 0 .0 0 0. 0 0 0: 0 0 0 0 0. 0. 0 0. 0 0.00.00000000000000 0 00. 00000000..00000000000000000 ::. Q O m r a `> r m m O H N M d' 111 10 r m m O H N M W 111 10. h m m O H N M di. lfl to r m m 0 ri N M d' t/l l0 r N m 0 w m ..m- m m. m m. m m m. m m 0 O O. O ..O o. 0 0 0 0 NN N N. N N N N N ry N N N N N N N N N N N N N. N N N (`) N N N N. N N N N N N N N N N N N N N ' m U W m 0 0 \ v m o �r s4 L v N x u U >1 o L rl 8 8 U w O >+ m C 0 ro 0 w z u 1611 A 1 a w > a a a a N a a m a w w cn w z w a m a s w a a x. FC U w a ur z H H E a w a a w a v w u 4 a a m a g a w H Q w Q a a W 0. E. RC 0 a r•C O id C7 z z a z a z w a w m w F F a O x w W F K a m m a H >+ w H a U' H U r=. .Q H a w z a£ u X a +� ro H a a w z u w a a m cn w a 8 F w x F w a z F F H w u m 9 a F 0 W W r,C m U - m a iJ m. H< a H w o H N� w z z ,uy7 H w H w a Q w a 3. oil o wi w Nw C w a CUx� �zF!. ,cUyn: c�i� [U� �Q77 FX-y� Z � t w Cil Cu z m Ci �. . o m a a a w aJ w a v 0> w H a � w w o L7 z m l 7 a g w a w z A F a X. W w a w z u w 7 F a w m p H m £ u F Q 4 m 4 a H] a 0 H 0 u m w F a w o a a U o ° H o u N Hz H z 04 -1 z m ...7 a �04 O z w 0 O w w u a W W W. . w u a F m x x A w x 0 O o o< w O H z 3 U w a s A u o 0 a a x x a u �a >w�az xHw m z.t of zaz ��w sAMU0 El 0 0 Z a Q z X 3 a z W: RC W Q� a a x z W� O F F x � V 3 a a o RC A H 3 a zz w W x A x A m Od u W a W O: z U q w O Y� H m w w w 3 .�. N H m �+ m a' a g m. w z X a M a a 0 w F w F. F a x es C7 a' u7. a E+ w. w a r x .7 A a W z O W £ m w �C a z F a 2 H 2 G W N O m O a O x q m x w x a a x a w a o F z o w w a> m a 0 a a w w x w m z H W 2 h- H U 0 a F m w a. w w w m U - U E, > a w :w w F U 3 0 Al m X a g H q w R r w O 1p N N O 'd' O 0. 0 0 O m O m m. m. m O O O H O O O. 10 0 0 m o m a n m 0 0 0 m r m 0 m. io io o. o 'o m. m o r o. o O d' N 'm d' m M O' m m m m 'r m N N O O N N 111 O m m V' ri O c0 m W m N r m O N O. O w m W H rl M N m ID N NN r m M Lo H 0) w m l0 N r H O N �o m m m w O N to O r w C m r m m co C' C' m H ri. r. N m 01 m N M [� m C O M. w. N' ko r-I M 1p r O m r m rl ri m r+l rl W N C �,: x m m m m m m m m m m m m m m m m m m m w m m m m m m m n m m m m m m m m m m m m m m m cn A:..q. q M q A. ]:A A :A: ]:q ] q q� A..p � U q � q p q.A ] q. b 4i *r: O o 0 0 0 0 0 0 0 0 0 a 0 0 O o 0 0 0 0 0 0 0 0 0 0 o 0 o :0 0 0 0 :0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 -0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 o o o o o o o -o o 0 0 a o 0 0 0 0 0 0 0 .0 rl rl rl r-1 rl ri ri ri rl rl rl r( rl rl rl ri fi ri .-1 H rt rl r♦ r♦ r1 r-1 ri ri r1 rl rl r-I rl rl rl � rl ra rl rl rl ri rl rt F m JJ'� rl H rl rl rl rl rl H. rl rl ri '. rl rl ri rl rl rlrl rl rl r1 rl rl rl. N N rl N r♦ r'1 rl r1 rl r-I rl ri rl rl. rl rl rl N rl rl O o O 00 O p 0 O O O 0 0 0 p O p O p o 0 0 0 0 0 O. o O O p 0 0 0 p O. p O O o O Op. W H rt rf rl ri ri rl r✓ r♦ N r-a rl rl rl r 1 ri r- 11: rl r rl 'rl. rl - rl ri ri ri I .-1 .-i rl rV. r-1 N r1 r-i rl rl rl r. m r W m. O .r-I N M C m h m m O �-1 N' M m to r m m O rI N. m [T m. �D. r m m O �-I N 0 0 H m m- m O O O O O O O O O rl�-1 rl r-i r-Ir -1 ri rl rl rl w x W W m m W m W m W W 0 W W m W m m m 0 W W m W W W W m m W. m W m m m O m m m :W m W. m 0..'O O O O O O '.O O 0' O O O O.' O O' O O' O 'O. O O. 0 0 0 'O'. 0 0 0 0 O ''O' O O O'..0 O O. O O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 o O 0 0 O 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O 0 O 0' O O O :0 O O O O O 0 O O' O O O O O O O EO O O o -.o o. -o. o..o. o o 0..0 o o 0 -. 0 0 0. 0.0 o o 0 0 0 0 0'0 0 o o..o o_o N: N. N. (y N N N N N N 'N'. N N N N N -N N N N N . ... N. N N N N N N N N N N N N N (V NN NN N N N N N N C14 m m r a 'Si !'iRki it Q1 C N m tv m \O r [o m o rl N m p m w r m m O r-1 N m W m b r m m o H N m. to r m m -r .+G <:QA: m .M m M rim m v v cm m:mmw mw m. w: w mm.Q io �o�o �o�o o.�D w r, . rr r M.mMmm.�nm m. m..mM.�m -m M.M Mmm.. Timm M. m. mm.M.mMm M m M'm mmm m mn. Mm mm .X .r U H C C U u N rt ri r-i .-� .1 .-�. r•i rt .-� ri .-� ri rl rt r♦ H ri ri 'A H H rt .-� rt � rl r, rt r, rl ti ro ro U w w a .0 u : , , r r r r r r r r r r r h r r r r r r r h r n r r r r r r r r r r r r r r r r r r r r C, r r M U H •• a � Q 0 0 0 o N m Ol N it X U U E O U o > o L H U w O ?1 b N 10 O N O W z U 1611 q 1 o: ii3!? `.- U z w a W a a a PA m q o El O 0 O. W 3 O W El U a El: a V Q a a 11 w o m z u w: El O F u O Q ul z Q w a s U w z m a w u a rw w 1J: a m a m H a H a W l z H z. z a W a W W : ] w. a a W y m i4 W w a w m a a H w u o a a z w m a eT? m a s a a u a u W a w a a a m H a m u a E w a W w z z w o m w w a OSS 4.pkA `1. W w 44 `.C. w. U H cA. W. f[�f]l w tt�1rr w �❑+ .W]. [7-]� .W] ,z�! [Jj (p (JF] {rFiy 'JU', �.] [� �U7� �W] �/J 1 UPW 4 a 7 8 W O W E W w W z r >1 F W o a z a a w a .7 U a cn o 4 a 4 „7 .a U) 04 w a y a W z E 0 9 z x k z P, 3 w z a a a ..� 4 w> a z W z m z H a H a a ro z o m z z z w a a w w o z a z o z x a H o a u W o z d z H z a z a z m z o z r w H a u H w H F 2 H z z a n U u a x a a w r w m N W z o o a a Q F a4 w E �. E H a U W z x: W W O a s U :a rC Q H W ,] aC. C7 a z 3 z U a m W t�- F O iQ H W z C7 W a W m a4 W z O Q :a a a. ry W W x >+ z 0 U .y m a z a 3 Q Q H w 6i H w z E O E CO H U a W cn a x �a U W x N W x Q F O 4 z F W F in a F 2 0 0 E m U .] Q F U x m U m rl W LL W H 3 a M: z U gq m W W z O £ W O i7 W W m w a Q 3 U O: i Q co w a Q Y+ cn F. .7 H E W SC a >1 W w Q a U 0. q m a ? a x H U) 4 W a> FC M F < H W W T a 7 H U z F H F F D O H 4Y O. O F: W F N: .7 W a V rC W Q U7 O H .] w F a U Q u U U W ',� a' W Q U N U 7Cr w H m W O aa" m a w a O W z� FQ W CA W r7 F7-G� .7 IRZG fXG� Q z H W O x 0 W E+ a 4 O Q RC � W 7 D 0 W 4 H 0 9 H m a a Q o W z W W a U �. ,H£ f7 h w. a E a m u:.q. x t7 m a. F h a W F w h 3. W U1 U '] W E H a RC:G+:.Q :m a. a U CQ 7 Q Q :E a r '. N M O m m 0 0 m h l0 M o "0 O m M O M O 0 m M M m N O 0) O r '. m. O N' O H o 0' O 0 m m m o M O m' m m m l0 M :H M M O m O d' O N 0� O c M ..0 m 0 O N O M O O O O r M l0 .'.'^ m M H N. m Q r M d' m'. � :m. �D v m O M cD m m m M M :m m 'm'. H H m �p :'m � M. o r O O m..m m m m m ... mH mH H m In N01 rcD NN mM d' N d'm H m H O\ O mH M O Hm 10M Or m0 OO OEM 01d'. 10 r1 rl r-1 ..�. :344: Q ca Q a Q Q Q Q Q Q a Q a Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q a Q Q Q Q Q Q Q cn rn (n cn m m m m Cl) m m m m ui Cl) m cn m m to m m cn m m m m m m m m m m m m w m 0 m m m m m w ] a Q Q Q : ] :a ] ] ] Q:.:7 Q.d ] Q 7 Q Q Q Q: Q: Q.Q Q Q: �: ] Q �D Q Q . m m m m m m m m m m. m m m in m m m m m ug m m m o m m. m. m m m m m m mn m..m m :m. m 0.0 0 0 0 0 0 0 0 0 0 .O O 0 0:0 0'0 0 0' O 'O' 0'.0. 0'0 o.'. O' O'.0 O'.'0 0 0. 0.'. P' O 'O O O O.0 O o O b o 0 0 0 0 -O O O o a o 0 0 0 0 O O O O N O N 0 0 o -N N- O 0 0 0 o N 0 0 O N ii :: ?(d: N N .N N N N.N. N..N N'N' N 'N N N N N N N N.N N'N. N N. N. N' N N: N. '. N N N.N NN N . N'N N N N N. N N H H ri H .-1 H H H El H M ..,.. :�::41> H H H H H H. H H H H H H H H H H H H H H. H' H H H H H H H H H H H H H H' H H' H. H H H H. H 'H. H H' H H'. .(~ m O.O O p 0 0 0 O O O. 0 0 O.Q O O o O o o o o O R: O O o 4 o R OP O.:Q 0 0 O.O o p. JJ m :474:: H H .H H 'H H H H .H. H H H .H H H H H H H H H H. H H H H H. H:H H H H .H H H. H H H' H .H. H'.' A m tc r m. Ol o ff :N. M y Ln w r:m m O H N M d' m w h m 01 0 N M d' m Q r m m O H N M m �o r m: W H T -W a :: V: d' w w in m m m m m M m LO m kD �D :: w Q k. m kD w�O Q C r r r r r m m m m m W m m m rn m rn m -m rn m m m m m m m m m m m. m. om co co w m m w m w m m m m w m m m oo m ap m .. (0 m m m m m m co m m CO m .:0 m co W 0 0 m m ca m x 0 m co . m o m W m: m. m CO m W m: aq m 00. m. CO m o O :0. O O O' O o 0 0 0 0 O 0 0. o. O o 0 O 0. O.O 0..0' O 0' 0 "O. O.O' O O' O .o 0' O O O O O O p. O 0 0 o O 0 0 0 0 0 o N O O O 0 O 0 0 0 0 O: O o-0 O o o o O 0 0 0 O O 0 0 0 0 0 O oo. o o: o o- 0 0 0 o o o 0 o o o - o:0 0 0 ob o: 0 0 0 0 0 0 0 .0 0 o o o o -0 0 0 0 0 0 0 0 0 0 0 m 'i!C' o o 0 a 0 o o P o 0 a 0 0 0 0 0 0 o _0 o n o 0 0 0 0 0 o P o 0 0 0 0 0 o 0 0 0. 0 0 0 0 r N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H a m is :34 ��71 ., IN .Cti N 7 m ID r m m o H N M r w m o H N M d' m w r m 01 o H N M d' m CD r m m O H N M w m m m m 0) m m 01. m 0: O 0 O :O O. O. C. d' v d' v d' It d' d' d' -t d' W d' d' d' d' d' d' X X y U :: ;: N .(N N .N. N N N N N N N N N N N .N. N. (N N N N N N. N N N N N N N N. N N N N N N (N N N, N N N N M U r-I U co w " � � r 0 0 0 v m o 3 9 s, L N s, x u U E Uo > o 8 8 u W O > m C 0 a E o ro o w z u 1611 A 1 cr. o ..:_ w a w w � � � a Q a a a � w H El w z w o a w u w o z w a a o° d� R a r 0 z U H a ri try a Ga Ul q W 0� a W w U H W o 3 F C� w m O w a u w w u w r w a a H w o W v v MHmm a z a a u�w� Ha w wp m N 9 6 o = P4 n w � w a m z< 4 w m a o 5 o m w x a U a w W m W a m z a o w w a x a w M a o m a a H o a z a o a w a w a x a z a z w u 3 o a H Z w u m a a Z a o m w a a a cw n ' 3 : a a H a z H 4 Fz C oa ¢ z m rz •C a rz .� 7 a z o w a u Yz C d z 4 z u H w a a z m:c� ,yy u a a o a z z w 9 W- a- W �-+ z a Z U N W IQ 0 w £ a w U. uG O w a m a. N F a x. E� 00�y-" w Y3 3r£� a w Q 1 o O FC O 04 iQ 1El W�4Mw��H 'A W (a/] z -i z x 0 �i! .H7 2 co El CO W O a a C1 bC C1- C7 W a p x m. H a f w m .O H a H U z rC a H a m u �.H H w w m: Q £ w £ 0 Z : m r-r W 4 U 0 'd z W O U >+ . a 0. 0 W U RG z a 3 x m W m w U x >+ �D z s O a Q .:q. N. . w z . U a a a a W 0 a a m a a O z a U U a� z z z u ' x o M a w x x x o m o w> a m � ° U a H z a w a w x> a>1 1:1 m h z Z u z v a a O o O w O O. O O 117 M O '.O O O r w r '.o l0 '.w o O m o. m :m o m v o 'o o o. m m m o. O o. :: U:: o l0 O O o O O O w 07. o O w O m r1 N :m of r O O l0 O r O N' r-i 'w 111 'm' m 117 m m 111 m O O 117 m m' w N :I^ o 'o. m m' M w. w : m.'. m' O O w. w 'H r H H o m H M m m n H N o..o H O O �o 111 N O O m N n M o I 111 14 m m w o m m H m H O r n :11 m H H o m m m :If) : M: H M H M N w H m rl N N m M M N N n m H m: o �o 10 N H I N .-1 N t+l r+l N n m 40 r-I rl b N N rl E aF: p: A C1: C1 Cl Cl C1 C1 C1 Cl C1 p Cl w . -Cl. w Il w Ll.. cn Y) fl. Cl Cl C1 Cl w A CI W w x u) m co u) M co m m m m m m m m m m m m m m m m m m m :w m m m ar m m m m m m m m m m m m m m m m m m � ::3 :D 4r: m m' m m m m m 'm 111 m m m m m m m. m m m o m m'. m m. m m. m m' m m m m m :m' m m' m m m m m m' m 'm'. o o. o o o o o o o o o. o o o o o. o ::o o. o o Q. o o o o. o o o. o o o o o o o o. o o o o: o o o :o0 0 00 0 0 00 o o0 0 :0 o a o o o o o :o oo o n o -ooa o o o o o o o i4 rl ri r-I r-1 rl ri e-1 1-4 -rl :H ri r-1 �-i ri rl rl :.ri H rl r-1 rl ri rV +-1- rl rl �-I rl I H M ..5r.: H H H H H H H H H H H H �.-i � r-i � r-� � r�i �.� �.� �.: ri. � rl: �.... r-i �:r-i � ,-i: .-� rl: � ,-i. �:: ri � � �: -ri. �.: r-1 � ri � �. �.r-i �.:ri H .0 m O.O O O o O O' o O O O. :Q: 0. o' O O O..p: O.O O O' O O. O O O 4 O'.O o p 0:0 O O o O O:O o o. W m o' r-I N- M m to n m o1 o rl N M. w m l0- m m O. ri N M w m 10 n w m O r-I N. M W. m to. r m- Ol w- W m op 0\ m 01 m m 01 01 0l O O o O O O O d ri r-I .-1 ri N N N N N cV N N N N M Ln M ri Ln -m: Ln Ln m Ln m m m..m m:m m:.m. m m m m m m m m m :m m. m. w :m w :w w w. w w w w m m m. m m m. m m m. m m m. m m: m Ln l iu:i m..w w m w m rn m rn rn rn m m m m w m m m m m w w w- m w m m m m m m w w m m w w _m m. :m w m m- m o m m m c m m m CO co m. m m m: W m :Co:' m :m m o m W. m W m o m m. m m: m m m m 0 o o o n O..o. o 'o o o' O o' o o o o 0 o. O O 0 0 0 o. O O O 0 O 'O O o. O O o o O o 0 0 0 O' O o 0 0 0 O' o Oo o o O o O o o 0 0 0 0 Q o O o 0 o O o Oo O o O o O o O o 0 0 0 o O O o o 0 o 0 o ,;;fk}:; O O. o o o O' O O. o :'o' o o 0 Q o -O. O O O O' 0 0 0 0 0 0 0 o' o O O O O O o..o O O: O O. 0..0 O C3 O .O O O O O O O O O O O O O O .O O O N O O. O. O O.. o' O .O. O :O O O o O'.'O O .O. O. o' O..N H :::L1i:: N N N N N N NN NN N N' N :N: N N NN NN N.N NN N N- N N NN N N N N NN N N NN NN NN NN NN a rn <jji z 10 \ N u of o rl N M V. m 10 r m of O H N M. w m I0 n m o\ O H (14 M r m m o ri N M m .. I. n m m 0 rl N .1G .!C U U ' :�{);: N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N, N N N !V C C U N ri rV. ri H rl W' ri. r-L r-I '. H' '-I W r-1 N rl ri r-1 ri r1 N r1 ri ri r7' �-i "rl rl rl. �-i rl ri rl r-1 :'rl rl ri �-1 H rl H ri "r4 r-I 'H' rtt Itl U C Si�:i r n n r r n r r n n r n n r n n n n r n r n r r r r r r r r r r r r r r n r r r r r r r M U � a 0 0 CN m \ v rn L N U it 4 x u U E 0 U o 1 o � N 8 'B w O N G ro u ro N p E o m z o u 1611 q 1 D. <ik7t y;w> x u a w E :. N m w w h. O H C. Z R £ a a a w u a P4 E a ow U a�. W H H a s 5 �a w H �a¢ Q ] w x z a z H £ m a z H a z a s £ x m m CZ) w w a w N R w w u Cl) W w w w m m w 2 JL a. H w. z z a z a £ a: F aF a w U 4L Q a O r=4 m w a a m m w co z H w ro o R a H w H w r w W W r o a x a R m a m m a a a a o m - w o z a U a z cn a u z m w O u R w z O .'�. a c4 Gl a d a R- a w H CQ z o1�8 £ u N z a W 04 O W R H w W w a a R z a a H C4 �w o x z mz cnwz zoww��aC� aHU ��3 N u�Q t) od, a z cn a a w CD Cl) z W u H u a w w w o w m H z a H c a m ftl :a H a Yi a r.� O 'J z w H >1 z O z W m H m z H z 3 a W a W W H O R a- �! w w 0 m w a m R r7 m n a a H W w. w x 2z a H a C4 a a Q w w u W u w w m u a a R a w a a a a H W: d z cn z �+ H a a W m a a H 3 R R H a R D w a R] H u H R w a R m m x z x z R H R R W w W£ a R m w z� a x RR 4 a a W W w H Q o] z o u. z H w R H R m w H o a> z z c7 m H R w m W� H O O R H z a U O E z R z Q a w m W Hn x g x z U w a a a x w Cal a m W a QR F a 8 w fii cd H M z w w 8 w x x W x a u S H a 3 a W H U W 3 U a� U H w R£ R a u z F m H+ x C4 W w a R m w W m o " m U z o a a u x z w a Ra w H w a a um g R r w u m a a a R H m x w u m o h a a w w m a a x R a W x Q W. W x z : E+ z£ :O X z R H w O w R R 3 Z: W `J' W 3 m z R rl (k C7 z �-+ Z z Q W X x C4 W H Z z z m O W M z u z w H a z a 3 a W �-+ W a w z R W O O 3 O rratt£. W W a + - - Q x - 9 H co z> O m W H . rO ] � dl F U a F W OaU a3 � Q ]A h Z 0 z ]p q m x x A W a U a cn W 11 C7 CR7 O.' 10 'r O M. O �D w O.' O O O. r H ifl N O 'm' O �D. O '.0.' O '. v' N O 'N. M 'M. 0.' O' O tD. In 'O x O O 0 v' r m d• O h lfl r� O rl O M h N m 0 111 Ln �D to 0 O 10 O r a r r m O O N O N O r-I O O m LO m o m m. ri '. M O .. r-I . H r O r Q O M. H �O N O O. r. m r O N m. O ..O m .. 0' m r w rl. �o H m d' r N H N. m r N m lf1 10 M o O 0. O M M In H m In O w m m m m M' r-I O ri m. N r - M m M H H h m l0 N N 1, m r. O M H M ID ill _. H. o M In r m 1D .m C..N H N v'' v'. N m .-1. m' 0.. d' r '0 to H v . v' r M -1 v' .r.. In c m N m N m N In N N Q Q Q m Q Q: Q Q Q :Q Q Q. Q Q Q Q Q Q Q. x �:; m m w Cl) m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m w G :;.¢,7:: ]:5. Q Q. Q:.� Q W m 4n 1Il w in 0 In to In Ln Lfl In m m m m In 0 In to In M m Ln m In m to Vl Lo m t{1. m N Ln 40' o w In m In m m w ro 4! i;r: o 0 0 0 0 0 o 0 0 0 0 0 0. o o o o o o 0 0 0 o o. o 0. o _o o o o o. 0 0 0. 0 o o. o 0. o 0 o o o0 0 0 0 0 0 0 0 0 0 00 0 o 0 o o o o 0 o o o o o o o0 0 0 0 0 o o o o c oo H r-V fi rl rl .-1 rl H ri H rirl riri r-i H rl '-I ri r1 rl ri r-1 f-1 ri '-i rl ri ri H ri ri ri r-1 ri ri r�'-1 rl ri rl r-1 ri. ri. ri '.'H. rV N. r-i r-1 rl 'rl rl rY. ri H ri r1 ri ri. rl N rl N.' f-I N' r-I H rl rl ri c-1 rl. ri rl r'1. ri r1. rl �-1 r1 N m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0 O 0 0 0 H o .:0. 0 0 0 0 0 O O. p O q O q, 0 0 0 Q: O P: O o O ::O 0 0 0 0 0 O. 0 0 0 P O. 4 r-1 r-I rf: i-1 ri. rl ri- rl ri r-1 ri ri rl rV �'{ ri. ri r-I - H rl .�. rl rl' ri ri rl ri. rl :ri. rl rl rl .-1 rl r-1. rV 1-1 .-1 H' r-I rl. r-I r-I. W rl m w r m. m 0 ri N M C In w r ..0 H N M W u) 0 r m. m O H . M v' to w r..m m .0 r-1 N r m m 0 w M M M M M 'IV o o m w m y m m m In m In In In In M M u) D M M m M m m D C` r r r r h r r r Ln Ln fin. to to In ' to In :ln to ::m. m to m Ill 'LO fin . In C) m m mm m m m m m m m m m m m mm m m m -m m m m m m m olrn mm m m m m m m m m. m..m. mm m m m m m m m m m m m m m m mm m m m m m m m OD m cD m oo . m m m cD m m m CO m co m m m m m :W m m m CO m m m CD m of m m m: m C9' m m m e0 m m o. o o o 0 0. 0 o o o 0 0 0 0 0 0 0. o o. 0 0 0 0 o o. o 0 a 0 o o 0 0 0 0 0. o 0 o 0 0 o o0 0 0 o o 0 0 0 0 O0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 -0 0 0 0 0 o o 0 0 0 0 -o o -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o oo. 0.0: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o. 0 0 0 o. 0 0 0 0 0 0 0 0 0_0 0 0 0 0 0 0.. o 0 o n o -0. o. o. 0 0 0 0. 0 0 0 0 o o ri r ::41f: N N N NN N N N N' NN NN N N NN NN N N N N N:'N NN N N (N (N N N N N NN N N N N NN 04 m R o w h a Z �D \ ssu N C M C If1 ID h m m 0 1 N M C lf7 �o r co m' O H N M -t ul 10 r m m 0 H N M 1' In ID r w m 0 rl N M v' m w w: 0 :w W w iD r r r r r r r r r r m m'm m m m m m m' m m m m m rn m m m m m a o o o 0 0 0 IT w v v v v' dr W W d- v v v W w w v' 'r v+ v' W v' v' C v' a b• v' _m. ul m In m m In .!C X 11 U ::1(1< N.N. NN NN N N N: NN NNNNNN N N N NN NN N N. NN N N N N. NN NN NN N N NN 'ri C C U U1 r7 'H. �-I r-1 �-/ N. rl r1 rl.'N ri rl ri N ri .-1' rl ri rl N rl � rl ri rl rl'. rl H rl ri ri ri ri r1. rl N ri N ri �. r1 rY rl rO rt U ,C l:�i; r r r r r r rr r r r c� r r r r rn hr rr rr rr rn rr rr. r r r r rr rr rr r r w w R u M U H CJ v � 0 0 � N N \ v to s~ ul m v �4 x U U o 1J H a � u W O r U3 r: m a QE ° z m U 1611 A a H a w a a a a w w z a w W a s m o a Q u a w a P4 w a a 01 U H a » H u a a m w a x cn C1� w El 4 w � x a .-� w w c7 w H£a' x U u Z u W F a a 4 o w'c4 v] a z w w w a a a z a w o E H u P4 a w u u z co O W a Q, a a a W a 6i O z W W F F a a X FCF w w H F W W - F C7 w a x x a w a a W o a w a u lc4 a H H H a a o F a w z F w w QZ w z x x o a 114 a u a u u a a w W a u a w w u W a a O ]. W z 0.l W .7. u a w a F F a W EF + : u z m w a w H w z �r3 oQ � W �F � ou ��H aw �a�ia w � � m � w � � �W �W �w m td w x C7 a rt P4 m > 0 w U W O U ?4 U a s 0 z o F E+ U F W U: O: H a 0 >1 F a 5 9 a am z z u W z a W W a a u H W o F z x x a a a a o a u W W F c� � o x w o w w o a W z a x z w a o a u o W a w a �a w z o x u w x F u h H w a o w o w ¢ w H F o a P, z a a a x x Z F z r� : - U g ° ° a H O 04 ° w W gw W O UUaUa PL F wO �a aU 0 s z Q m W �x 2 wa Wa Ww El 0 a o a x w a F B a a �c r F w w N y a o u o X. F '. d... W: cn W W U. a W .Q z x H E+ z. a .-� H x FC C7 w z Q 2 U �. a U a Z 04 a. O z F w w u W] w w 3 a H 2 H z g w a w a w M F- ca m o F a r o a w x F H o a w H u a z P: W o f El w F a w H a w x > x z H F o H m X w u u w x X w a z w o w W F O> 04 `X a s � W q z a' � F £ w:.w F x u F� z FU F a 0 a m w XH W Q a w El a o o a C w (Z O.W O w : u , Q W£ 3. a 3.> W a H W R C7 U 3: N x F. Cf) R:: x PO 3 m a W El FC Q [a, :. a Q 3 x z< CO X W. O O. O 0.' Ul m O W 01 0 m .H 0.'O 0 Ln O '.N m .O N 'o'. l N O '0 O. O O 'r O r O. O O. M N' 0. O N w ' lD.. m' r dt O�::O O :Ln LD R O O M d� m b O O O O O N m m 0 O W N: M Ol In w. If1 : M' N . m In r d' m 1O 0 . m 01 N . O O .'.O' N . 10 r ' N N H.' lD M' 10 . 0 O '. r. O lfl M . W ul '. r' H ' m. O .'.O r O\ O\ m m 0: N m O: H n N N N O m Ol r H 111 th r m Ln H W M H N M H O O O 111 01 W M O1 H 0 :10 m H 1O m N O m H..m M M m O :N m.W 'N N' (` M''.M r. M M H m. O H H M M N 111 M H. m' M :gyp. M N. d' H' H. N' m 10 : d' �. ry N d' N �.i W Q. R W :m w fa q Q Q Q Q m x cn U) m m w w w m w cn U) (n cr) W W W m m m m W W W W W m W W co m W W m W co W W W W m W W W W m W W m W Cl) m W W W W W W -. ] =) : O �) �D O �D � 7 � � � p: � � � : � � � O �D z .1. �D ::I. ] ::). M :0 ] Q w .... W. m m Ul Ln M m Ln. In -w w m Ln Ln Ln Ln. W W 111 m In Ln Ln o m o 111. o W m In Ln m Ln In L/l m Ln m W W m to m �:: 0 o a 0 0. 0 0 b. 0 0. o 0 0 0 o O. O _0 0..0 o b. 0 0 0..0. o. 0 o :o o o 0. 0. 0 0 0 0 0 0 o o o o. Sa �:::RI o o o -o o 0 0 0 0 0 o o o 0 o b o o o -o o 0 0 0 0 p o o o :o O :o 0 0 0 0 0 0 0 0 NN NN N N. N N' N N' N': N. N N N N' N'.N NN. N.N N N NN NN. N N N.'.N N.N. N N N N N N N N N N. N N. N N. .0 to 0 a b O. 0 0 0 0. Op 0 0 o O Q o p o O 0 0 0 q. 0 o q o p 0 0 0 0 0 0 o q O O 0 1] w Pp H. H H: H H H H H H .:H H r-1. H H H H H H H :.H rl H H :H H H H H H H H H H H. H H m m 0 .. N M d1. 111. 10 r m 01 0 H: N M Ln m r m m H N. M v m 10 r m m O H N M d' W. m ..r D4 D\ OL 41 41 p Oq O O O O O O 0�-4 H r-I Hr-I H H H H N N N N N N N N 111 1n m : m W m m Ln Ln :Ln. m :m 111 m In to Ln . \O 10 :1D 1O 10. 10 10 10 10. 10 : 10 lO 10 1O . :0 lO m. m LO LO tD 1p 1D. 1D 10 10 : 10. D\ O1 01..01 m O\ O\ Ow 01 C% . O1: D\ a\ -O\ OL 01 01 01 01 O\ O1 m O1 O1 O1 01. Q\.. 01 01 4\ Q\ :Ol Q\ O! 01. 0\ 01 : D\ ON Q\ O1 m- 01 01 m m m ' m m m m 0 m m m m m m . m0 : N m m m m m 00 3 m 0 O O 0 0 0 0 0 0 0 0 0 0 0 O 0 O O O O O O 0 0 0 0 0 0 0 0 0 ' 0 0 OO O 0 O O O O O 0 OO 0 0 0 0 0 O. O O O O O b 0 O O 0 O O O 0 0 0 0 0 0 o O O O O: O. O O O O O O- O 0' O O O O O O O 0' O O O O O O O O 0 0 0 0 0 O' O b 0 b 0 O. O O 0 0 0 0 0 0. 0 0 0 0 0: O 0 :O O O 0 0 0 O O O O O 0 0 O O: O O O O. O '. D O O O O 0 O O O O O' O: O H :i41r: N N. N N N :N N N N: :N N :N N N N N N N N N- N (N N N N SV N N N N N:N N :N N N N N N N N N N N r H a m w m 01 O H N M d' Ln 10 r m m O H N M 5M In to r m al O H N M v. W IO r m Q\ O H N M d' Ln 10 r m 01 O O.O 0 H H' Ln m W t11 In In m Ln I11 L11. 111 Ln Ln . m LO W m m m 111 m u) 0 m 111 Ln Ln In W In In Lf1. Ln Ln Lll Ln Ln Ln m 111. W m SC ,SC J� U :tz.: NN N N N N N N N N N N N N N N N N N N N N N NN N N N N N N N N N N N N N N: NN N N H H H H H H. H H H H H H u w10 �N M U H U •• a w � o H H 1 O O H is N a0i m Q7 ii X U u U > o JJ H 8 8 U w O O W ro ro a 0 o z uo m 1611 q a IZD El Ki H a 'FyCQ+ Hp w o. £ u a Cl) w qiq��yj.1 �' a H H (n a m £ C i cn a H r7 w W u 4 w w x w. 1:4 � 4 4 w a a a a u z a Q a o PI w H W - o o zz UU77 ((w,, ❑z CCa�77 uaa? �77y w P� z m> z 1 cn O W O W Z U S P U W F7 W n 'sue, x cn r.� W W W F z cn >+ i2 W (n OZ W .7 .a �d .4 0 ,zq OZ Q a O O U g m C7 O FC m 2 0 4 7 a4 O £ a I z a 3 a ^�^� d �n w a u a a W Hu z rz : w u c7 z z w U r'j O 11 Q -I H g H O c :•o' ix W m z 0 a Q ..7 m H 6 Q w u O m a a i H Q �-+ X. W z u H m w a - U) H z x tJ a P. K L7 1 �-+ H .] �/i Ul H Ul a iQ'i a w (n a H 5 u 1-1 ...]]] m u .a]G m a z H m cn a w u ..7 .7 >+ q W. .7 a H Q 3 FC z w Ot m z :.x u Drn .] m n H w �u�� °� m O Q1 £ H a r m cn 4 rn .Q a a H W O cn a O a a w z w . 3 a x � H w m u x W o w w x o£ w w o z a a .1 Q U a w 4 w 7 a W a W u 4 G. U 0 z - FC U 4 q, .-a m D - O w a. m H w - z a a r W Q z W a x .I W w O u. a 0 as H z O. z z O ro H a H a H: z 0 W a a H 3 z. H a w ri. F W m z v 9 a a H. m z W H 'Cb 0 W m H U7 £ £. O �Q F W RC r4 m H +-� H a z W a �Q ',7 r.0 H 4 H �-+. U) z x 0 u7 [n W U a H£ a a H 9,c� ,Q C7 ,Hay zz z m z O a' gHg W a z m .7 z z H Q x O z >~ .7 H W z O 'cC W 2 W4 ut5 a m ink 8 lira w �w 6� tTfl .0 F� �Zw as H. 0 o a d Q W .�.�. H W a W O p Iq U H Q O m >: F H o: o u QD 3 H z S-i �d w w C7 F H H a m z w. W a 4 a N I a �-+ U� U m a 3 m Q. a FC ro z Q x u 4 W �-+ W a N m Z a n U Q z£ W m 0 a H C7 z 0 U£ Q 3 �-+ U r-C H 4 W Q H a a 4 w .¢ o a 0 4 m a w� u�£ a� c� a a m H a m v o:a m o ro Q a a H H a cn a � qq wi a o a a m z o w W x x 9 W W H H w W- m .N. Q z- 1 a w a a m z w a m a cn a£ £ a a a U H m Q W z W x a 4 x ci' x W W ] z m c7 H U Q W RC O'S La Q ro .H a H .7 x .] m �-+ H Q 0 rn a SC z a s a£ C7 w£ x w u H H h C� w 1: x a M U a£. H Q W H U �y Q a M u h O O O .' 0 m. N O m 0. 0 O .r O. O r. O. OI . H M 0 N O O q' v V'. 0 ..0 0 0. 0 m m. 0 O O O lD O O O. N rn O O Ot O O r 0 0 0 N O O N O m 05 M O M 0 0 0 0 w I m N lD O OI m m 0 0 0 - .:`w': .. . .. . :. .. . .. . . :.. .. . . .. .... .: . ... • m "r. m'.o M :01 O O O M. N N. o'.'. tn. [T O N O' N 'O m O' 0 :M N m'. m w 10. m' m.' v M r. r...w 0 . 0.':0' O k. O H ... If7 M m to m m m kD N w l0 r M 0 m 0 1D -. m N O r O O \D r r" m w 0) m N M d' tD N m O. m m r O r H ..r, 0 01 m 10 H N N H m Ifl d\ r d' O V' to 117 N O H M LD .-1 0 O) N C' n lIl O co N W E!: : :A ..N: Q Q Q Q Q C1 Q Q Q Q Q Q. q _Q Q: Q Q. Q Q Q. Q. Q Q Q Q A Q Q Q Q X co m m m m cn cn m m m m m m cn m m m m cn cn cn m cn cn cn m cn w m m m m m m m m m m m m m m m cn Q Q ] a Q ].Q Q:Q Q Q ] Q 5:Q QD n ].Q ].3.Q Q Q Q.Q Q �:) : �D..W ro m to to In to m Q. W to m o to to m N m Lo m m m w N to N 1n m m In In W Ln . m to W to m w W Ln u7 m m 0 m In b a:: o.:0 0 0 0 o. 0 -0 0:.0 0'.0 0 0 0.0 0.0 0 0 0 0 0 0 0 0 0 0 0 0. 0.0 0 0. 0 0 0 0 0. 0 o 0 0 0 0 0 0 0 o0 0 0 0 0 0 0 00 0 :0 0.0 0 0 0 0 0 0 00 0 0 0 -0 0 :0 0 oo o o O o 0 it 4.1 ;: ::: H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H ri H H H El H M �:�:aJ` H H H H H HH.H H H.'H. H..H H H. H.H H :HH..H -H.H.H H H..H: H.'H H H H H H. H H.H H.H H H. H..HHH H H H H -0 ,C� to 0 0 0 0 0 0 0 0 0 0 O O. O: O 0 0 0 0 0 0 0 0 0.:0 0 0 0. 0 O 0. O O 0 0 0 O o 0 o O 0 0 0 L .:Ri HH. H..-- fHH.HHH.HHH.HHH.HH.H.HHHHH.HHH H.HHHH.H H.H. H..H H. H.H HHHH.H Mm m. m 0 '. H N M m 01. O. H N. m 'r m w h m m. O. H N M W. m to C- w m O. H N M 'r m ID r m m O ..H w H N N M M M M M M M M M M a d d d W C In 1n P In tP h In n 0 D 10 1D 10 10 r a. m a: W- w w 1D m w w w 10 _m. m i) w w ID t0. tD w :.m 10 10 m 10 LD a � c) 10 10: m LD 10 10. tD :m m m:1D: m Ot m m m m m: 01 m m m m w 01. w m m c, 01 01 01 D\ m m D7 01 Ot : w o) m T w m w m m m m w m x m w w m w w 0 x w w m m m m m m m. m n m W m GO: m c0 m [Q m .:0 m. C m: m m :OP m m m m m co m: W m c0 m: [0: m m m m m m m: m co 90 0 n 0 o 0.0 00.0 0 0 0 0 0.0 0 0000 0 -0 0 0 0 0 00 0.0 0 0 00 0 0.0 0 0 0. 0 0 0 -0 0_0 0 00 o oo 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o a o o O -O O o o o o. o. 0 0 o o o o: o o o: o o0 0 0 0 0 0 0. 0 o..o: oo oo o::0 0 0 0 -o o:o o o 0 0 00 m it1:i o. 0 0 0 0 0 0 0 0 0 0 -0 0 -0 0 0 0 0 0 0 0 0 0 ..0 0. 0 0 0 0 ..0 o a 0 0 0 0 o o o o o o r N N N N N N N N N NN N N N N N N.' N N N N N N N N N N N N N N N N N N. N N N N N N N N N N H .y o xll: H N M m r m Q1 O H N M to tD n m O H N M d' In r m 01 O H N M m w r m O H N M d.. X G <`y$Ci r- w m t0 l0 m r 0 r r. r ' n' r r' r :m m m. m m m CD' m m m m . Q7 ':01' Ol 01. U"1 to u7: 1f1 m In m iJ9 to m LO Lfl tD: +D : w m m w 1n to m m ui m to 1n 1n tn. m 1n. m u) to to m m. m u7. m to u) : m to to to u). 1n m. m m w X X J.J U ::::i(1:: NN N N N N N N N -. N N NN N N N N N N N N N: N' N NN N N N N N N C G U N 10 N U .0 .: r r r r r r r r r r r r r r r r r n n r r r r r r n r r r r r r- r r r r- r r r n r n n n m m Rc u M U H w •• a ] H H � H 0 0 0 w m o 3 1~ N .H m v $-I x U U E 0 o > o y H C C N B w O >, m C O b E m z u 1611 q 1 G>ri irra: w w w x ,v U ❑ v a m w H M w z a acs v -14 °m °n aroaa a s F H r x:x a a w w ro w : .ro N ro z UF] zd ao O rj t. :. Ql N.N F cf� i-Ni ro a c� a a u z u 0 0 a a a s F m a N w z.� w w z o m ro a: F in a u a v w a w> w w o N o u z w . 67 -.'"�. W H H H N a W a a a O 4 � w w v w w w a C ro ro 4 M (1 x>1 x x a v w a w 0 F i u a ro H H N a r-. co H. x 0 0 W F U/ w E 5-1 N v- ty u a z Q w a> v N a N W N N F a W C O a TS} a rj N W O a A W F N v N 'G1 u a F a w W ro N a N v v Ol IS N v a W W Cr4 z H w u �'-� W H H H N W W v Q Q o $ a m a s S; a c'i a a o 7 v N c n H m F a w I E CC G ro m 0 w z ro v ro cU + ro H m w ro s4 a v U m w a L u g m w o v H z v o z z a GL z u> 3 4 z+ A r ro o z w .0 a F 4 4 v u N N v m W 7., U U) m N w a 0- F a N ax >, a 4 ro ro v z o N v 04 E : 10 - : v w z v a o >. o F a� F o O z u z It H z u w ro 41 U Q. N 0 O H Qt v r: v u US z W w 4 v H �: w LZ o N H o 4 m N u 4 ro .-+ v s4 0 o u u N m c ro H > > w >I M a C> Q a F w a H G w C H u u> v 4 m z 04 H s4 ❑ u v d'i z 4 m m m y ro F E w m 3 H v 8��"v��8�o�umGB��?`�ul� .1 1: L >v 4J x w m v: C.'H H 0 w 0 M11 :.0 N N G1 a a 41 w 0 © a H LL ro ro Cl) R: Q. 'H Q i4 N ro. H E C r-I a H 0 0 0 z v a C� 4 0 .c . n o q v w G g v ro H x> w o ro w X 4� z U 4 0 r� u u CI A u ro >+ u u v u L o u u m H Ca u U a H m x x ro v .- H Id N >. v v H - a' f6 H ro v z N F F v S-1 lJ 1J F x u a N u 1j H m a Q, a x H c4 > U U a z x 4 v ro O H m v v s z 4 o o 0 o H tt3 ro N 'a y+ a. F a v C: E i. N\ C C U (� ro a a' >. iL' LLB m 3 �4 P: Ul H H H H H. v w v it u N: FI v v P; o w x❑ .H u c a .j v H ro o s w H E g 4 s4 ro U s m h h U❑ w ca FS m cn U U m a U m m h a R FC m m m m m u U� u Q Q Q w w w t N' d''O' o o. r o o o o O O m'. r 'o. M o' H m' M. o 'N. m ' O N' m 'o w'.m -w Ln m..q y O O O 0 N O r M m m r o 0 N M 0 0 0 0 0 0 N to o N H. r tD r r O 0 O tD H O m N .. . .. ...: ..... .. . .. . . O.- q M' w v O to O N O m- M H' H H O m v r.' r 01' O H. M O' N r C. 4\ r N M H H d' [n O '.s1'. 0 01 0 H m 0 01 111 H M d' . m M M (N O N H H H O LD v 0, H c, w m v m r N to m zr m H. to H Ln O H' M N m m r N H. N H 1D H M. 'H. N Ln to ❑ ❑ ❑ A ❑ ❑ ❑ ❑ ❑ ❑ ❑ L1 ❑ ❑ ❑ A ❑ ❑ ❑ p ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ w ❑ ❑ ❑ ❑ ❑ :❑ ❑ ❑: En m w w w U] w (n w w (n U] In w Cn (n Cn Cl) m Ul co m Cn U] rn w m cn U] (n cn U] cn w U] w to m V) w In. m (n Cn w (n fn (n C!] N m m to m o Ln Ln Ln Ln Ln Ln Ln in Ln o Ln u1. Ln .Ln m Ln Ln w Lo Ln. Ln Ln. Ln ..u1 Ln Ln Ln Ln m m m Ln m ul. ui m Ln Ln Ln Ln. ro 4!: 0 .0 o o 0 -0. 0 -0 0 o O. 0 0 0 0 .0. o o o Q o o. o o. o 0. 0. 0 0 0 0 :0 o o 0 0 o o. o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 it 'c:fb: N.' N N [N. N '.N.' N N N. N N N N N N' N' N N N N N N' N N N 'N. N N '.N N N N 'N. N N N N N N N N N N H H F M J:'}.: H'. H. H H' H. H. H..H. H H H H H H HH. HH H.H H H' H H H H H H- H 'H ,C m o p. 0 0 0 0 0::0 0 0 0 p o 0 0 0 o 0 o .:O. o. 0 O O O O O p 0 0 0 0 o O O O O .0 0 0 0 .p. O q JJ cr+c)1 H H ..H. H H H. H. H ..rl H H H H H H. H ..H. H H. H H H H H H H H H' I H H. H wi r-1 N..M. W U7. LO m m 0 H.'N M .V' m LO r m m O H .N Lo m O H' N M. -W m. 1D r m a, 0 . N M r 4'1 w r m .01. O H. r r m m w m m m w m m m m 0\ m m 0 0 0 O O O 0 O O O O H H H H H H H H H H N N to w LO m Q W' w w kn to �D Lo "lo m lo. to w �o w Lo f0. r 'r' r h- r 'r' r 'r r r. r 'r' r r' r r r r r 'r r r' a F� 0 01 aT -01 Ot 01 O\ Ol 01 01 0� at 01 01 O\. 0) m 01 01 of 01 o T m m m m m m m m m m O1 m m m m m 01 of 01 m o O o 0 0 '0 0 0 0 0 0 0 0' 0 0 0 0 0 0 0 0 0 0' O 0 O 0 O O' O O. O O. 0 0 0 0 0 0 0 0 0 0 0 o o 0 o 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 00 0 o 0 0 o 0 a o 0 0 0 0 0 0 0 o o o b o o o 0 0 0 o 0 0 o o o o b o 0 0 o o 0 0 0: o o o 0 0 0 0 0 o o 0 0 0 0 0 0 0 o rn ;;Lg:! 0 0 0 0 00 00 00 00 0 0 0 0 0.00 0 00.0 0 0 0 00 o 0 00 0 0 00 0 0 0 0 0 0. 0 0 r NN N N NN N N N.N NN NN NNNN N N N N NN N.ry.NN NNryN N N N N N N NN NN N N H a rn m M to r CO M O H N M V' m Q r m M 0 H N M W Ln W r m M O H N M V4 to b r W 01 0 H N M C M W r m.. m o O1 of m o. O. o. o 0 O. O O O O H. H H H: H H H H H H N N N N N. N N N ..N. N M M 'M M. M M M M M .� U:: In m m m m LD. 1D �o. Lo a ko Vo LD m LO w 10 _�. 10 LP to Lo LD tD LD LD. l0 u) to _.lb.. tD m. LP 10. LD w w �P m X X JJ U :'?j): N N N N. N N' N N N. N N N N N N N' NN NN N (V N N N N N N N N N N NN N N N N N ry N N N N H• mro mrt M U H U C � N 0 0 N H 7J N \ N Cn O .0 ftl N N m N N X U U E Uo O >v O yJ H 8 8 u w b v ro ro R E cQ z ° U 1(0101 � 1 is a w a a w a x w x w rt Q m > a m i; C b p m w o (a ro w w w w El W F w w a a c)) Q a F w ro a z r Q F w Q z Q w z w u m a c w E u a w£ w v- N z w 04 s w a > z N m o w w a Q o a x m a w F a m F o s a a s o W o r. a a o cs 10 a m a s w a U a x a F (K u z C H o X w o x 3 w v rt w w o °° a ma a w a w o ro u z a w w m a o vi m : £. m:' m -. i. g Q a. a z N ,�: U cn :0] C h z£ M rl a W N a m m O ro m w w � 7 w O Q a Cx -f9 ¢! H H P4 a 11 ±4 Iv N O O a a W m Ml H E W Q 0 O O 124 z CQ C a £ Q a � Q O F z z a s a [.4 F O Q x F. :O CP 91 X N >C F a W U ^O Q O z z m m ro 0 ro z z 7 v C14 W C C .•{ 1-i Cn Q Q W m m Q U z W O z z m .0 U W W w P: O a. F H: Y+ W Pk O w 'O C N >C W Q4 W O Q,:ru x Q i-+ Ixa'7 ca�,d7 �+ CCC tQ-a �. N t0� E � E cQ] a 7F U � �HG n F z F N [u 7F s[ �. :�i 3 O. ~2 O] P,+ 1 R W F .µ > m > x IY N N (x Cj co v5. W U W 0 �-+ U JC Q N �-+ a F w W W 0 O\ W 3 F '0 3 :w N O W F z O- U 1�1 z v z a z U Q a o M w o > x a w Q F x o m s4 z w o a Q F£ w o w z £ £ s v L h Q a s m x Q 10 m(0 x a x a m m£ . a F Q O >+ 10 C 3 cQ u Q H y O o O O F wN :q. � N Yr . W H O U r� w a N N N N i4 i C £ W p m 0 rah aw ? rFQ�� . X '�, a 4 £ . £ £ £ . £ £: 044 POi a . P' m V) : >: 3 U Q W x >!: Q .:U' a 3 �7 a d Q r.4 CD x x .. O O.'.0 w H. m O M m O I O 0. 0 H O'. N' O O O O. H d' O O O o ID O O d� N 0 ' W O N O kD O lD O r O O O :0 N _m O O In lfl , O O O M -O m r d m O M. m m r. d' N' m m O N O m to O\ O m :O lfl m M m l0 'N. 0 O O O m N 'N. O H. �D �D m 0 O r of M A N N N H m m O H M m N r O w In m H C W M H 1f1 O V, d' m: O In m ID O O dl m M H H In : O' m O to r- �o m N N' H H H �D a:.: Q Q Q Q Q Q. Q Q: A Q d. Q: Q Q Q: Q .Q Q. Q Q :Q Q 0 Q :p: Q `Q Q A Q Q X ; U) Co m m m m -m m m :m :m m m m m m m m m m m m m m m.m :m m m m m m m :m.m_m m m m m Z. U �: Q.. Q D �.� ] 7 UQ 5: ]Q Q:Q Q a �� :A: U : Q ro [n ..:.. m �n m o..o. o n' o o. 0 . o 0 0_0 0. 0 0 0. o o 0 0 0 0 0. 0 . 0 :0 o o 0 . 0..0. 0 0 0 0 o o '0 �{ 0 o 0 0 0 00 0 0 0 0 o -0 0 0 00 0 o o 0 0 0 o O o o o o o o o q o 0 0 0 o .H .11 H .-i H r-1 H H H H H H H H H H H H r-I N N N N N (V N N M F M �.':1J:: H HH H- .HH..H.H.'H HHH..HH.H HH.H.HH H H H. H..H H H HH. H.HHHH H.H H.H ,G L(1 .; : O O o O O O.' O q O..q O O O q 0 0 0 0 0 O. O q O 0 0 O O. O: 0 0 0 0 0 0 O O. O q: 0 O HH. H H. H. H H H:H. H 1 . H. H H H H :H. H H H H H W N. tYl d' :<n �o r. m M O H N (M C :M lD r m 0% O H N M dV In r m M. O H. N m M O N M. d^ M Q r D\ d! d' d' d' d' d'. C' in N lflLf) m C` 0 0 0 0 O. O O O O O. O.' 0 o 'O' O O O 'O. 0 O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 0 O' 0 0 0 0 0 q 0 O O 0 O O 0 0 O O O. 0 0 0 0 O O 0 O O O O O 0 ..O O O' O O. 0 0 0 O' O: Q 0 0 0 0 0 'O O -O O N N N N N N N N N N N N N- N N N N N N NN N N N N N N N N N N N N N N N N a rn m r a Zi w 0 � F4 m E U) a: N O H N M V� In r m 01 O H N M lfl �D r m 01 O H N m �o 1D r m Ol O M C to lD r CO o1 O N . C ID �D l0 �D 1Cf l0 -IV Ln u) m LSl �fl fD �D m 1p In 111 u) to M W d' d'. V'' 'd' d' d' w w � cD iD �D. � �. � w � �. � :cD � iD io m �D iD. � � iD Q w Q X X U U N N N N N N N N N N N N N N N U : r r r r r r r r r g r r r r r r r r r r r r r r r r r r r r r r r r n r r r r r a mro a M U 00 •• a W W M H � H 1 O O \ N tr) O :9 rtS i4 ul N N N x U p u E Uo 0 4 8 w O m G ro a E 0 Z U 161 i A a a a a a a a a a a w H w w w w w w w w w 3 w� a w a a U) w cn w m Cl) N m M w w w www w w m m w w w a w m a a a a a a a W W a a a w a Vi a o w RC H Cl, a a w a a a a a, a— w w w££ a rt Q a a a cn a r E w 7 z [. 0 x x F E+ E+ 04 w z F H w x oaHE HaImmu�9aa aaa�t a a a U a F a D: 0 0 H H z w w w 0 E+ z w a w a¢ Q E+ ca Q Q x w w a s ro: w w w w u w a m a w ti w a w w m a m a Q u w w w W a a a z a w o w Q a w w 4 w w U) Q A a oa " oa aa z w °� w w x w H a z a w w a C4 a E. ro. z a u u m w o w 0 z a a o o w m z s v v v m v w w u w a a El w E+ z z z o m� N N N >+ H H H w w a Q a w a E. M Q a H z a rt m m o o H z z z N m� �7 `z3 Yi €n I o W 0Ix U� Q 4 .1 �Q z. CL W w >) H. o a a a u .c u U. U a a. Q. `Li ci u C) u U a a z u u u u ,�i. a a a c� o FC w w E+ a w C 4 u m v v v w 04 m a w a a x a cx a¢ u z w z a H w w w] a w n v v ;+ o o w w w w w z z z Q z H o m a a Q z x u z W F a W w W C C L � +O � Wo I Q a .7 O QaW E a "1 w w m a O 0 . Q P 4 O C�� O o 0 0 0 0 a o o p W w u u u u u u w w w 0 u T-) w h h.:w w M Cl) m h h a irti M. O O O O O lf) f m O r-1 O O r-1 Ol 0 r U) ul'.'.W. u) 0- O O. O O ..O 10 m m m r t0 lf) 0 r O M N N O. O O M m O -III. O m r .. tD N r. M .O 1D v 0 m 0 0. H:.0 W m M H H u) N W. m (N M:m M rn. M :m M .H' M r M Q. H <r. H . m o. m N N m N In O In to O r r a) W- m m W r r 1, :. 1-1 m r `vl. r m M m M rv1 II) M m 1n r M H --;p. m 0) m 10 m. w cn to. W t� N N M m H r )-1 01 m O 01 N 1f1 N ri ri H W M N N Q. Q x co m m N m cn w N w cn Cl) Cl) m N m w vl m En co N w rn cn N N U) N m Cl) rn w m cn Q:�) Q '.)': a: Q Q tJ) ] p Q Q p .7. 5 p Q ..M Q N m ` m m to m m m o m u) 1n m Ln W. m W m a m m 1n u). m 0. u) 1r, M u) 0 0 M u). o. o.0 0.0 0 -O. p .O O o 0 0 0.0 0 0 0 0 0 .0. 0 0 0 o. 0 0 0 0 0 0 .0 o 00 0 o '0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 o o o o i4 ri rl ri r-1 �-V rl H H H .-i ri r-I rl H .-i rl ,-i rl rl r-1 H. H H ri rl. N El H M ': J}: H H H H H H :rf. H r-1 r-I :: r1 � 'N r-i ri ri 'H ri N rl rl e-1 rl rl .--1 rl r-1 r1 i-I �-V .-� .-1 r7 .- �:r-1. r-I H ,C ul O o O. o OO o O O O O.Q op O p o O O p. o O.:O. o O o O. O O o rl r- 1 '.I .-I rl r1 r1. ri N m W r m T. O H In t0 r H In m m 0. H..'W H W W r m 0 r H -. O r M W m r' m. H w H N W W W d u Fl e w to m m O M r O N r m m O W W m m H r m m m m m 1`- ID 10 ' L0.'to. to to 01..01 m 0) of m 0) m m m m 01. m 0) 0) m m m m m O) m 0) m 0) 0) 01 m D\. 0).. mm m m m m mm m m w m mm m m m m m mm m m m m m m m m m m m m 0 0 0 0 O O O O' 0 0 0 0 0 0 O O' O O O .' O O O O O' O' 0 0 0 'O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o o 0 0 0 rd 0 a o o o o 0 0 o 0..0 o O o o o o o o o 0 0 0. O'.::.. w O C O ro IJ m w W: b U N Sa N U Q)) G Q) L .-1 N M W ul )D r m 01 O ri N M W u) lD r m 01 O rl N M W u) m m of O N C .�G C aG m 0 H r r r r r r r r r m w m m m m m m: m m rn rn m m m m: m m m 10 o 0 0� k N . -:U ta tD tD tD -ID O w. to tD. t0 m tD t0' tD tD t0 tD. lD 10 m ID to m tD LD. ID tD tD m r r r r ',1' .1G 1� N ;itl N N ry NN N N N N NN NN N N N N N N. N N NN N N N N N N N N N.ry. C C U rt N u u r r r r r r r r r n r r r r r r r r r n r r r r r r r r r r r r a m as y n (J1 l7l Si 0 .H ro a) Qa 0 rH r-i 0 (15 a i4 0 w t) 0 Qa N P: E N H a a X4 Ln 0 O N O\ H \ 0 H rn m O .1i t� ro N Qa 0 r� r-i O ro a O w „ �4 0 Qa N P: Q) 41 H N G a a 9 1611 A 1 ID r- mw r- mm OHNMd' MLD r- O H MVL mw r- mmoHNM V, mw C^COmo H NM 'IV a\0\ m 01 O O o O O O O Ln Ln Ln Ln Ln Ln LD,,D w w w w w w OJ CO W CO co CO co N 00010/0/ Ol Ol Ol 0101 a> 0) O o O 0 'Q HHHHNNNNNNNL`r- r- L`L`L`L ` r- r- L- L` L- L` r- L` r r- C- r- r, L- r r, C` r- r- r- L` r- r- r- r, L- 0000OW co 010)01 0101 0 1 Cl) O1MM(n0)01O1(10) M010)0)O1Olm m 410101Ot010\01Ol m a% Ol 0101010\ Ol O1 m 01 d\ m OI m Ol O\ CO CO 00 COW WCO CDW 000 O0 ODW CD CO CO OD CO WCOW OCO COW NCOW OCO CO COW CONWCO CO COO W W CDW OD 00 CO CD fS O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000 000000000000000000000000000000000000 00000 : :�A 0000000000000000000000000000000 000000000000000000 000000000CD 0000000000000000CD 00000000 00000000000000 ice(. N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Ln Ln Ln Ln Ln Lf1 Ln Ln Lfl Ln Ln U1 Ln Ln Ln Ln Ln Ln Ul Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln u) Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lf1 Ln Ln Ln 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H H H H H H H H N N N N N N N N N N N N N N M M M M M M M MM M rn rn H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H,TOLn00,T MOOLD CD WOOOOd+000MOI-L-0OIH ON N1D00001NOM0 HOONID OI LD r- 0 'IV (N Cl) 00N 0000010\ V'000 LII C- O O o CO o N w O H Q�OH o) r- O w O\D Ln o CO W L-H OM Ln r -IMN H w L` w oO4\ 0 O M H N M Ln O 10 Lf1 N LD co ONONOd'O Ln Ol lD r, Ol O L` Ln O op Ln o o Ln r, co r- Ol M H LDH CO Ln 0010 NM LS OM M L- OWWr- W OW NNONMM i` O W O1H "I' M N'144 M OMOOOM H M Mdl MW MNN wr OD OI WOIOMMOD MlO�lfl lONIONMM01 Ol O1N aDHMN ,4, co LfI L!'1 L- OOMOHCONLn MOI L-Lf1MH Lnh L: N OI C-O Ln d'1 H Uf CON NLn N -clN Lf1 1 r; OMr C r H OD NN dl WN Nr- LIMN HHM C`M M H N M HN OD N'W H H rl H M H 01 N M N M H 4! H a O U U U P W W UlU w H HzHW H zUl P C3: Ul H Z U) z.. H Ul H H 7 a �, 4:. H P: O P: O Q .mil H X H KC Q CO H Q,' fl OH Z7� fx z Z WZZC4 Z OZ W C> D4 uu a O o 0W0 134 o a wU P: 0 S i a ,D a s a H H Q H a H 04 U a a a Q: b r� rz, Lx H U H W H r.0 H 0 Z 4 Cs. £ W P: C= OHOO z 4 �0F:C U 00 U :.: Ul u u .7.. L" K4 Zi iA Z C_i U () () U W `4 z 0 H x z W O .Q3. 7: H z H (L R H P: P:0zz C4 W z W z WP W H Ulz 7QP:Z HazWM W W000 W H " H O HW H WL aFCWW0 x0`.4W W X44 . a a HH a z m �!-i Za 'z Cl) ua P; a4X11H WP;H000 O. -'40u URGE -HH OU H z H H-IH0 H ZH P4�g0x u z0HxP;P; ..Q:z Ul P;uu ax Cl) O Ur.G P: U) HZ.Q ,DHUO>l U H3:U QQ ro f14 H Hx FC Q UaH CO H UI U WUl �D HU 04 P CO 0W P: OP: UHxQ 0 aI100 m D:UHxfx z wP:Z m alw Q40Z 04Z ozo mQUI zufx 0P:0 w UlUQOUIHH H ma�0 H xaUH,7.� o �0 Hw W HwWOH HWHP;wW a0H 3 004ZW HP:0HU xou P; uu3:C4m x� mwoll'P: dP qzOP MM P:q �4W Huw�szz OW�4uH x9HZZHWUHZ l< F�4 wxzHwz azCl) i O 00 QZ0Z KC �+ z OH <Z FCH z a W H Q W O ZH0U)ww ZP:�CwW4UU xZa wU O w >UwUZwU Hu�.OwHWU u W U U HH O 4 QH f3.0 HH P;WP' HH0HUIE-H W HM HP; U Ul UCnwO�4 �ww�aaPwr~xxH �aQa�a+ ~[AW xxxHH aH 3OUl H UI� Ha PQciOUWWOZ H�HQ w 0 aaxw0HHOw00 Haxx wHP3Q m Q; wwH wHHP:a3xwHHw wHXow Ww UlH3oM3004 >04 04 Ix � W"F- OZHQOHO QOP7 ]O zQO�WP OHWFCH3�QOWW 00 .U: �: [*. FCmPauQ�ul muhFCoaUUUH3UU luU�aUFCUU�HuQ3xa3Q�000wuQx3U33 :::i%J: HI�Lf101L�NMMLn Ln HL�CO 01 LnN HLf1N CO <t'O OLD HO1 l�Ln OD LfI LLD O1 lO0MHCOOr MLn �O1M d�OM �.::0: ML�MCO al In 010161 Lf)MI�L�OD h1D 0101 CO 10 l�Nr- I[�MCOFOLD O\crMMd�IO d�COO�Q10101 d�ri Ol r-i IOO COM 31M COO 00 CO L- cT O M Ln Lf1 w Ln N L- N N w N OI L.O O Ln w zv Ln h o rl M L� N ON O Ln ib co W L`OOI dv 0)N 00 CO O O O O O N N N f'M CO 00000 H MM il WW 0100000H H M"I':Vd- lD 01 r-A 0000 NM Vi ,il L0 h O1 Ln 4>> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o H 0 0 0 0 0 0 0 0 0 0 0 0 H O o 0 0 0 0 0 0 0 0 0 0 ':. HHHHr -i ri HHHHHHHriHHHHHHHHHH HHH H H H H H H H H HHH H HH H H H H H H HH A 1 TO: FROM MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department 1611 B Misc. Correspondence Agenda Date Agenda Item # . «Y DATE: October 19, 2005 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community Improvement District 1. Port of the Islands Community Improvement District has submitted the following item: a. Minutes of Meeting held August 5, 2005.. Thank you Ispeciahspecial Misc. Cort6s: Date: Item Copies to: B Port of the Islands 1611 Community Improvement District 210 N. University Dr., Suite 802 - Coral Springs - Florida 33071 (954) 753 -0380 - (954) 753 -6183 fax October 12, 2005 Memorandum To: Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meeting held August 5, 2005and Approved September 23, 2005 From: Edward Goscicki Manager Enclosed for your records, is a copy of the minutes of the above - referenced meeting of the Port of the Islands Community Improvement District's Board of Supervisors. Please make this document available to the public during normal business hours. If you have any questions, please call Janice Swade at (954) 753 -0380. Cc: For information purposes only: Clerk of the Circuit Court c/o Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 /jms 1611 B MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The special meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held on Friday, August 5, 2005 at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Richard Gatti Chairman Dale Lambert Vice Chairman Ted Bissell Assistant Secretary Dick Ziko Assistant Secretary Norine Dillon Assistant Secretary Also present were: Ed Goscicki Manager Dan Cox Attorney Ron Benson Engineer Mike Acosta Severn Trent Services Karen Briden Severn Trent Services David Schultz US Water Gary Durmer US Water Scott Lewis US Water FIRST ORDER OF BUSINESS Presentations Mr. Goscicki stated the basic agenda today is for presentations by two firms, for consideration by the Board, for contract operations for the water and wastewater utility system. You have Severn Trent scheduled for 10:00 a.m. and US Water scheduled for 11:00 a.m. At the last meeting, you indicated a desire to continue some discussion at this meeting depending on your schedule regarding the fire station issues and a discussion of the engineers report. Mr. Gatti stated I would like to set the ground rules so there are no misunderstandings. This meeting this morning is a special meeting to address the selection of an organization to manage the water and wastewater treatment plant. You cannot mix apples and bananas. We are going to be talking about a lot of different things so we are going to stay with that today and there will not be any other issues. 1 August 5, 2005 1611 81 Port of the Islands Improvement District We are going to ask that US Water not sit in on the other presentation. The other item is, you get 20 minutes for presentations and the Board will have 35 minutes for questions and answers. Mr. Benson stated at the end of the presentation time there are a couple of items I need to give you a quick update and ask for some input. Will that be possible? A. Severn Trent Services Mr. Mike Acosta stated I am the Regional Support Manager for Severn Trent Services and I am located in Sarasota. First, we would like to thank the Board for the opportunity to be here and present to you. What we would like to do in partnering with the Board and the community is to guarantee you service and reliability of the operation of the utilities in water, wastewater and process guarantees as they relate to the capabilities of those facilities. Our agenda today is to introduce our company team. Mr. Bob Dick, who is Area Manager and will be the Project Manager for this project; Ms. Karen Briden is our Operations Engineer out of the Sarasota office, and works primarily on regulatory compliance and anything else we have going on, and I have already introduced myself, Mr. Goscicki also works with us from time to time. We believe we understand your utility challenges and we will get into those in a little bit and our approach to meeting the needs you have and why you should select Severn Trent. Severn Trent is a global company. Severn Trent PLC is a United Kingdom based company and is the umbrella. They own water and wastewater utilities in a good bit of a region surrounded by the Severn and Trent Rivers in the United Kingdom and are where the name comes from. We fall under the Severn Trent Services umbrella in the United States, which has multiple product lines including the equipment, operations services, pipeline services, and management services. The contract services group has over 600 facilities operated in the United States and 30 years of business experience across the United States; in Florida, we have 30 years and some of us have been around for 20 years of that. As part of that we have over 1,100 employees in the operations and maintenance portion across the country, regionally headquartered in Sarasota, the operations group is headquartered in Houston and Severn Trent Services Group headquarters is in Fort Washington, Pennsylvania. We take pride in operating billions of dollars worth of assets across the country. In Florida we have over 300 regional employees, approximately 60 of those are licensed treatment plant operators for water and wastewater. We have three licensed professional engineers, Ms. F) August 5, 2005 Port of the Islands ImproIL6 Jis1t Briden and I are two of the three. We have long standing working relationships with the regulatory agencies across the state, both the Water Management Districts and the Florida Department of Environmental Protection Agency. We have local responsive decision making here in the state; we do not have to go anywhere other than here to make decisions related to the plant. We give the latitude to the project manager to be in compliance with the terms of the contract and with the operating parameters of the associated permits. We have been to the plant three times and we believe we understand some of the issues. Our approach is to make the treatment plant and the facilities outside of the treatment plant, including the community, something you can be proud of and a showplace for the community to see. Someplace you can bring the schools, if they choose to see a water and wastewater treatment plant. We have a large education program we offer at the school and community levels. Ms. Briden will be responsible for the regulatory compliance of the project. I will be involved with the process control, along with Mr. Dick and the operators at the plant level. Mr. Bruce White, who is not here today, will be in charge of maintenance management. Mr. White has some 30 years of experience in the field and was the primary force in the assets management report you received. We are familiar with every piece of equipment at the plant site. We will provide coordination, along with your District Engineer to the city, state and local regulatory agencies. That is the structure we would plan from an organizational chart standpoint. Mr. Dick will be involved in the day -to -day, along with Mr. Stephens and another operator, is how we envision the staffing. We will provide all the staffing associated with permits for the water and wastewater treatment plants, as they exist today. Some of the challenges we see facing Port of the Islands are staff redundancy. Mr. Stephens has done a great job, but if something happens to him, you have an immediate crisis in regards to staffing the plants; the 60 operators I mentioned earlier give us an advantage to doing that. If something did happen, we have people as close as Golden Gate to be able to come here in the immediate future and take care of those staffing requirements. On regulatory compliance, you are in good shape. There are a handful of items we will attempt to work with everybody to get ironed out and moved forward. In maximizing the existing assets, so you do not have to put a tremendous amount of money back into it, we would maintain the facilities to at least design life. As to the appearance of the facilities, as I said earlier, we want to make it someplace you K August 5, 2005 1611 B1 Port of the Islands Improvement District can use as a showplace. Regarding health and safety compliance (I will get into later) we will provide some safety inspections and then continued customer satisfaction. The 60 operators we have are laid out around the state. In Golden Gate we have seven operators, Lehigh Acres with Lee County there are ten, there are some small facilities scattered on the West Coast of Florida and seven operators, Dade City three, Citrus County six, Poinciana, is our large operation, with 19, nine in St. Lucie and three in the Beeline CDD in Palm Beach County. In addition last year, during Hurricanes Charley, Jean and Frances we were able to bring additional staff from Houston and Mississippi to help those communities. One of the things we learned from last year's hurricanes is not just one place is going to get hit. The swatch Charley took hit four or five of the operations we run across the state in a dramatic fashion. Severn Trent also brings a good deal of breadth in regard to additional services which potentially could be provided to Port of the Islands. We have flow monitoring, and water loss analysis, should that be needed, through the pipeline group. On sewer line cleaning and restoration, we have a vactor truck in Fort Myers. We have facility maintenance headed by Mr. White in working with the local guys to be able to take care of the day -to -day, in addition to any other items that may come up as part of your capital or replacement budget. You have seen the report on asset management. The control system development and implementation, as it sits today, there is really not much in the way of controls, it is pretty basic stuff. As you move forward there may be some telemetry and we have a person who specializes in nothing but that in our Fort Myers office. We assure the operations of the facilities obviously with the people who handle operations day in and day out; we also have hands on experience with very similar facilities. Golden Gate is a lime softening facility we have operated since the early 1970's. We have proven process control procedures. We establish a quality control to audit the operations from time to time and if there are any issues we will set up the team to come down and troubleshoot any problems which may come about. We have a technical services group, which is a national group available to all of the contract operations of Severn Trent, who are experts in health and safety, regulatory compliance and asset protection, should we need expertise beyond what we have in Florida. We draw particularly upon the safety portion of those to audit the facilities and give you a report on any deficiencies we see and you may want to take up to assure you are in compliance with all the safety factors. On process control we take a proactive approach and we develop a process control plan for each facility we operate; as you might expect, some are very similar but every plant is unique and each plant will have its own process rd August 5, 2005 Port of the Islands Improvement 17stfict control plan with its own tweaks for standard operating procedures developed out of it. We establish a communication protocol so the operators at the local level who are operating the plant day -to -day know who to go to should they have questions or concerns as they see parameters going in and out of the targeted ranges. To those operations we have the equipment to maintain and ensure it is operating to make sure the plant operates as it is designed. To that end we have a maintenance management system which is a computerized system to track each piece of equipment and its associated maintenance and when the maintenance was done. We also have the process control standard as part of the standard operating procedures we talked about. For the safety inspections, as I said, we will have someone come in and do a safety inspection of all the facilities including the things outside of the plant, the lift stations, fire hydrants and those types of items. Regulatory compliance we leave to Ms. Briden, she takes care of everything for us. For asset protection, it is very important to maximize the life of your equipment, and I believe you have made great strides in having the report prepared. Part of the asset protection management includes the initial assessment, which you were given today, and then the renewal and replacement recommendations are made based on the existing criticality, performance and the condition of the equipment. We have included a boom truck, an F -350 style truck with a crane on the back of it, to be able to pull your pumps out of the lift stations in a safe manner and to pull other pieces of equipment out of the plants. We have also facilitated the inspection of the pumps on a quarterly, semi - annually or annual basis depending on the initial assessment of the pumps. The predictive maintenance on the critical pieces of equipment, once we pull that into the maintenance management, is going to give us some standards to change the oil and lube the bearings and those kinds of things. In addition there may be some further analysis such as thermographic inspections we may want to suggest you do on an annualized basis on the electrical equipment. As we get in -depth into those things, once we get on site, we will give you those types of recommendations. We track the maintenance on software that will print the work orders on a regular basis; maintenance will do those reports and ship them out and enter them back into the system so you can track maintenance on any piece of equipment. The computerized maintenance system is the heart in keeping all of the data together. The asset management will drive your capital investments. As I recall on the report, you did not have anything that was about to blow up or crash and burn, but over the next 10 to 15 5 August 5, 2005 161.1 Port of the Islands Improvement Distract years you will have those pieces of equipment and you can program them in based on some report as opposed to a `seat of the pants' type analysis. In regard to the transitioning of a project, we will normally take up to 90 days to transition; we have also transitioned them in seven days. This particular transition we would see from a human resources standpoint as being fairly straightforward. As part of the transition process we are going to develop all of the things I talked about; the SOPs for the water and wastewater processing, the updates to new add procedures, audits of health and safety, any documented information technology needs and then, as part of Human Resources, is the administrative and accounting functions which are a necessary evil of this business. From a transition standpoint, we are ready to go; we normally do it in 60 to 90 days but I think in this case we could do it much quicker. Our proven experience and expertise assures the seamless transition. We have in -depth knowledge of utility processes and facility systems very similar to this plant; we have HR people to handle the employee side of things, and included in that we have operator certification programs and performance recognition programs. The company will pay for the operators to get their licenses and maintain the licenses and to get their continuing education units. We have a structured process for facility compliance audits and the asset management, which you have taken to the next level. Being as large as we are we have a large procurement network that hopefully brings those economies of scale down to your level as opposed to you buying individual chemicals of your own accord. As I said in the beginning, our philosophy is to be actively engaged in the community, the school presentations or whatever community functions you have. In closing, what partnering with Severn Trent provides to you is guaranteed service and reliability. We are going to be here regardless of who is here. We have the resources to be able to operate all of these facilities, all of the time and within the parameters associated with the permits. We are going to assist in your capital planning and regulatory compliance strategy and we can bring cost savings to your renewal, replacement and capital budgets through affiliated companies and through the things we do. There were a couple of questions Mr. Cox sent that I would like to briefly touch on. The staffing we propose meets both the requirements for the water and wastewater plants, as they exist today. If the staffing were to increase, at either one, we did not put that into our proposal from both a speculative and competitive standpoint. We would likely negotiate with you at that point whatever the staffing increase would be and how it would affect the facilities. On the Col August 5, 2005 1.b. I l RJ p Port of the Islands Improvement District reclaim water for reuse we have included all of the monitoring requirements in our proposal, as it exists right now to do that. We do not anticipate any additional staffing requirement for the irrigation system. On the replacement and renewal and capital budgets, there were some different scenarios on how potentially we could do it; we could operate under all of those areas. If you want to build a new wastewater treatment plant we are not going to be there, there are guys for that. If you want to change a fire hydrant, upgrade a lift station, replace a pump, we can help you with those kinds of things. Big capital projects are not what we do; we can facilitate and help you in that regard, but we would like to not be the contractor. Mr. Bissell asked what is the accountability to the Board? Mr. Acosta responded we normally provide a monthly report to all of our clients and that is what we would envision here; a report of how the water plant operated during the previous month, how the wastewater operated within parameters, outside of parameters, any unusual events or expenses, which happened during the month; we can customize the report however you would like to see it. Mr. Bissell asked will there be a monthly meeting with the Severn Trent plant manager? Mr. Acosta responded someone like Mr. Dick, at the project management level, will attend your monthly meeting or however you want to structure it. Mr. Bissell asked will Mr. Benson continue to be our engineer? Mr. Acosta responded we have no desire to be the District's engineer. Mr. Bissell asked who will do the meter reading and billing? Mr. Acosta responded the meter reading is included. Mr. Goscicki stated the billing is already part of our services. Mr. Ziko stated at the beginning, you mentioned you wanted to make this a showplace.You have a lot of work cut out for you. I was wondering with this 90 -day transition, what should we expect to see different in 90 days than what is there now? Mr. Acosta responded during the initial 90 days what we primarily do is transition the staff into Severn Trent and then hopefully over a course of a period of time, some longer than others, indoctrinate the people into the Severn Trent culture. What I would expect for you as a visual in the first 90 days is the health and safety inspection reports and those kind of things. I would personally encourage us to clean the place up a bit and you will see that kind of improvement. It will take a little longer term to get it the way I would envision it; say six months to a year. 7 August 5, 2005 1611 B I Port of the Islands Improvement District Mr. Ziko stated I do not think that is acceptable, but that is my opinion. This place is really falling apart and we have a possibility now of Mr. Benson providing us with a facility who wants to use us as a showplace. We may lose it unless this place is brought up to date a lot quicker than six months to a year. it. Mr. Acosta stated I was not aware of that. We can make it happen as quickly as you need Ms. Dillon asked what kind of things are you talking about? Are you talking about paint? To what degree are you going to approve the appearance of the facility? Mr. Acosta responded paint is without question part of the solution. Although general housekeeping is important, there is a stockpile of lime sludge; and while there is nothing wrong with it being there, it just does not look attractive. Mr. Ziko stated we are talking about the windows that are falling out, the doors that are leaning, and the exposed electrical conduits. There are OSHA violations all over the place. Mr. Acosta stated I did not want to bring that up, to be honest with you. Mr. Ziko stated this is what you have to tell us you are going to fix. Mr. Acosta stated I have seen all of them. One of the initial things we propose to do is to bring the safety team over and get all of those things taken care of. There are some that just look unsightly. There is an old electrical meter box with a cable hanging out into the walkway. It probably is not a problem from an electrical standpoint but we would want to take care of all those types of items. Mr. Ziko stated the Board seems to be delayed in everything we try to do. Can we put you down for a specific date for you to have this done? Every time we try to get things done it has not been done, and has not been done for the last 10 years. Mr. Acosta responded absolutely. You tell me a reasonable date and we will get it done. Mr. Ziko stated during the transition period. Mr. Acosta stated I do not see a problem with the cosmetic stuff. There may be some deep- rooted items that are going to take longer. Mr. Benson asked how will those types of improvements be compensated? Will they be part of the contracts? Will it be a proposed cost or some type of cost plus? How would you propose for those things to be funded? Mr. Acosta responded it could be all of those. There are some things where we need to just pick up the place and what our expectation of the staff is going to be is that stuff not just be 8 August 5, 2005 ien t Port of the Islands Improvem istI rict 1 tossed around. There are some things where we will give you a proposal where we can do the work and there will be some, like high -tech electrical, where we are going to get a licensed electrician and will give you a proposal based on that. I see all of those approaches being involved. Mr. Benson stated I wanted to make sure there was not a misconception that it was part of the contract. Mr. Goscicki stated if I can clarify, the Board has a renewal and replacement budget, so we have monies allocated. Some of the challenges have been moving forward with the program and what you are looking for is a tool to identify the issues and bring the resources to bear. Obviously if you have to replace a pump, it is a renewal and replacement item and you have the monies budgeted to do that. Mr. Ziko asked on the facility maintenance, how often is the quality control team going to show up? Mr. Acosta responded initially they are going to show up on a quarterly basis. One of the members of the technical services group resides in Fort Myers. Mr. Ziko asked if this comes to fruition and he comes here as QC, will he initiate a report to us that we can follow? He is going to have go through this place and find out what is wrong with it and who is going to fix it. We would like to see it so we can check it off at the same time he checks it off. Mr. Acosta responded I do not see a problem with that. We will bring him in as part of the transition; he will be involved. Mr. Ziko stated you have listed a flow monitor. Right now we have a 25% loss in billable water coming out of the plant. Are you able to flow monitor this to get it more in line with what we are charging? At the last meeting, Mr. Goscicki said it would take three to six months of a rolling calculation, which I do not agree with and do not think is right. If we take a reading one day on the meters they should be able to take a reading at the plant and correlate between the two. Yes, maybe a 5% or a 10% loss but not a 25% in billable water. Mr. Acosta responded the way we normally calculate water loss is over several months not on a monthly basis, because the meter reading schedules do not line up on a monthly basis with water production. Mr. Ziko stated that is 5% to 10% but I am talking about 25 %. 9 August 5, 2005 1611 �l Port of the Islands Improvement District Mr. Acosta stated 25% is probably out of line, but to be honest with you, I have seen water made via a perpetual motion machine if you compare only month -to- month. Mr. Ziko asked can this be corrected in the 90 -day period? Mr. Acosta responded we can look at it. There maybe multiple issues there. Mr. Ziko asked can this be corrected in 90 days? Mr. Acosta responded I did not look at your meters; for instance, has there been a meter changeout program, do you have old meters that are stopped dead or not working because those are complete money losers for you? Mr. Ziko stated these are the things we want to find out about and get corrected. You provide a truck, an F -350, what is the staff going to use for transportation and do you expect the Port of the Islands CID to provide it? Mr. Acosta responded we have included in our proposal two vehicles as part of the project. One is the F -350 with the boom that would stay at the project and not be driven around and we also provided a light duty pickup truck that the lead operator would commute back and forth in. Mr. Ziko stated so the CID does not provide any vehicles. Mr. Acosta stated the only vehicles we would envision the District to provide would be those things associated with mosquito control equipment, as we do not own that equipment. here. Mr. Ziko asked are you going to request any vehicles or equipment from the CID? Mr. Acosta responded I believe that we will request the backhoe that is here today, stay Mr. Bissell asked for the period you have the contract, would you maintain the backhoe for any repairs it may need? Mr. Acosta responded we would maintain the backhoe. Ms. Dillon asked what about insurance? Mr. Acosta responded insurance will probably be yours, because I do not think we can insure something we do not own. Mr. Lambert stated insurance would not be included on your vehicles. Mr. Acosta stated not for you to pay. Mr. Lambert asked the three vehicles we have now, it would be up to us to decide what we want to do; park them, junk them, sell them or whatever? 10 i August 5, 2005 x611 Port of the Islands Improvement District Mr. Acosta stated one of them we may be interested in buying if your are going to sell, junk or park them. Ms. Dillon asked you have 60 operators covering how many plants? Ms. Briden responded approximately 92. Ms. Dillon asked are some of them roving? Ms. Briden responded yes. Some operators might visit three or four plants in a day. Ms. Dillon stated that is your flexibility if something should happen? Mr. Acosta stated that is part of the flexibility. The other part is we would ask someone to come here and spend whatever time is necessary and we cover wherever that person came from with overtime from someplace else. Ms. Dillon asked at no cost to us? Mr. Acosta stated correct. Ms. Dillon asked would it be typical for a plant to have some type of grass or plantings to make it look a little less derelict? Is that part of what you envision as an appearance item? Mr. Acosta responded grass is a nasty word at plants from an operations standpoint. Landscaping, bushes, trees and those types of things I would strongly encourage and are a part of the nicer looking plants. Ms. Dillon asked do you maintain them? Mr. Acosta responded we do both; where the community or the client maintains the landscaping or we do it where we maintain it. Ms. Dillon stated you have a national technical service group who does auditing. Is that included in the cost proposal? Mr. Acosta responded yes. Mr. Lambert stated some of the questions I have might be things that are determined in the negotiations and if that is what I am asking just tell me so. I believe in the sample contract we were given, there was an item for $15,000 per year set off for maintenance types of things. How did you determine that number? Some of the other questions may have to do with how you determined your numbers. Did you look at what we have been spending and budgeting in the past? Mr. Acosta responded we did and the $15,000 was given to us by the RFP. It was a number you, through Mr. Benson or Mr. Cox, put in. How we put together our cost models are based on the review of the permits for the staffing requirements, not only at the plants but for the 11 August 5, 2005 1611 B I Port of the Islands Improvement District meter readers, to check the lift stations, to paint the fire hydrants, and those kinds of things are how we determined the staffing. In regards to the laboratory costs, we get from the permits what the laboratory requirements are on a quarterly, annual and tri- annual basis and we decided one year you only get hit with the cost that happens only once every three years and we put in a third of those costs, roughly. Chemicals were based on our conversations with Mr. Stephens, in particular, on the dosage rates and the flow rates that are being produced today. Cell phones, vehicles, depreciation of vehicles, gas, those types of items were based on how many people, how many trucks and along that line. Of course, we looked at your budget, but we did not determine our price in our proposal based on your budget. Mr. Lambert stated with regards to staffing, I believe you said two people. Will the plants be staffed during the weekends or is that a look in and see that everything is okay? Mr. Acosta responded the plants are going to be staffed in accordance with the permits. The requirements on the wastewater side from the DEP are very specific requirements on staffing the plant. You have to be here six hours a day, seven days a week. On the water side it is similar, but not in permit form, it is in the type of plant. I understand there is a flow notch here that if you exceed flow amount there is going to be additional staffing required. The staffing we proposed is three hours a day on the water plant and six hours a day at the wastewater plant. Mr. Lambert asked during those times the plant is staffed, if there is a problem and someone calls in and says I do not have water or my sewer is not working right, there is somebody there to deal with that? Mr. Acosta stated that is the way we envisioned the staff. You will still have Mr. Stephens on a 24 -hour basis. You can get Mr. Dick or you can get me. We have a team of people in our Fort Myers operation who are not assigned to any given project. They repair mains, collection systems and lift stations. Mr. Lambert stated so, worst case is Mr. Stephens has a day off and we have a problem, you may have to go to Golden Gate to get somebody here. Mr. Acosta stated we have some part-time people that help us out. We have a lot of flexibility in operators and even more flexibility in maintenance people. Mr. Lambert stated one of the things I am concerned about, and goes back to something Mr. Ziko said, is we need to look at our water meters and replacement schedules. I do not know if water meters can be refurbished or whether it pays to, but let's say we came up with a plan; do you have a facility to test the meters? 12 August 5, 2005 1611 Port of the Islands Improvement District Mr. Acosta responded we have the capability to field test the meter to tell the customer if the meter is accurate or not. We do not have a test bench in order to certify the meter is accurate. I do not know what meters you have for the single - family homes but we buy those for about $26. Mr. Ziko asked how long are the meters good for? We have some that have been in for ten or 11 years. Mr. Acosta responded for the 5/8 x 3/4 inch meters, that is probably about the limit. Some of the brass meters are good for 20 and 30 years, but my guess is, if your oldest meter is 10 or 11 years old, you do not have a brass meter. Mr. Ziko stated we should start changing some of these out and installing new ones. Mr. Acosta stated you should start a changeout program on an ongoing basis forevermore. Mr. Lambert asked are there any limitations to what we can negotiate in this contract? For example, I looked at how you would adjust the cost from year to year; part of them being cost of living increases the other part was an increase in customers. I did a rough calculation and I did not like the way it came out to be honest with you and I cannot believe the kind of growth we might see here requires that to be figured into the calculation. Mr. Acosta responded there are multiple ways to do that. To answer your question in short order, we can negotiate whatever you like. On that specific case of the growth part for example, we can adjust the growth only to those items not related to the staffing of the water and wastewater plants. Mr. Lambert asked what is your typical contract length? I understand there is some effort on your part initially that might make a one -year contract not feasible. Mr. Acosta responded the way the cost model is built is based on a five -year contract, so you depreciate certain items over the period of time. Mr. Lambert stated the last question has to do with, and maybe we have an odd situation down here maybe we do not but, there are number of things and most of them are small in nature and that need to be done in the community. There has been a lot of misunderstanding in the past as to whether we should be responsible for doing those things, and I do not know the answer to that. Would your contract have the availability to us of someone to go put up a stop sign if it gets knocked down, clean a drainage area that is not draining properly and that sort of thing? Mr. Acosta responded we normally put that as one of the appended fees to our contract, as a labor or equipment rate. The answer is yes. We can do that kind work for the community 13 August 5, 2005 1611 Port of the Islands Improvement District and we can do it based on those labor rates or we can give you a proposal, or however you would want to do that. Mr. Lambert's stated we would have that in our contract so we could say this looks like a 40 -hour job and we know about what it is going to cost and so we could say go ahead and do it. Mr. Acosta responded there will be a slate of equipment there as well. Mr. Lambert stated so work could be done in a reasonable amount of time. Mr. Ziko asked how would this work get instituted; supposing Mr. Lambert called up and said we need a stop sign changed? Mr. Acosta responded from a structural standpoint you will have to designate someone who has the authority to say `go do this' and we will go do it. Mr. Ziko asked who do we relate to on that? Mr. Acosta responded the project manager, Mr. Dick, on those types of items and on the routine items, the plant manager. Mr. Gatti stated along the lines we were just talking about you must work off of a multiplier. Mr. Acosta stated we build the cost model from a cost up basis. Mr. Gatti asked if you can identify one or two key issues we need to deal with right away, what would they be? Mr. Dick responded at the wastewater plant you have a filter issue. The few times I have been there, there were problems with your filters. Mr. Gatti asked what else do you see over there? Mr. Dick responded the rear storage tank. It would be our goal to make reuse quality affluent, to utilize that resource and to store that water; you will have to address some of the issues with the reuse storage tank. Mr. Stephens pointed out some of the deficiencies he has had to deal with and in our minds we are already beginning to come up with solutions to those problems, and ultimately we want the plant to run as it was designed to run. We have a lot of pride in our operations. We apply for awards and operations; we do not just complete our line items and go home, we take ownership of the operation even when we do not own them because we come from an ownership background and that is how we instilled pride into our operators, as Mr. Acosta mentioned about bringing Mr. Stephens into our Severn Trent method of operations. be? Mr. Gatti asked since the plant has to be operated under a license; whose license will it 14 August 5, 2005 1611. B I Port of the Islands Improvement Distri Mr. Acosta responded the person that logs in the logbook, the operator, is the licensee for that day. Mr. Gatti asked if you were to give us the three most recent contracts that you have entered into what would they be? Mr. Acosta responded the most recent I would have to get back with you on because I do not remember them off the top of my head. Mr. Gatti stated the other part of that would be where are they located and what I would look for is something that is close to us. One of the things I was concerned about, and it has been touched on, was the extra work for the stop signs and all of that. It is not built into your contract. Ms. Dillon asked who will paint the hydrants? Mr. Acosta responded it is part of our contract. Mr. Dick stated we will do more than paint; we will make sure they function properly and repair them, if necessary. Mr. Gatti asked how do you see your relationship with Mr. Benson and how is that going to work; is there a potential for overlap? Mr. Benson responded one of the areas was about all the little projects that we had to do. Right now we have a project, say a midsize project, if it is a little one Mr. Stephens just takes care of it, if it is a larger project that I have to get involved in then those are the type of things I figure with an operations company they will just do and you would not have to be involved. Mr. Gatti stated so you won't be involved in the engineering work, but Mr. Benson will handle it. How often are we going to see Mr. Dick? Mr. Dick responded knowing what your expectations are, I would expect to be here more than once per week and obviously situations and problems would dictate if I need to be here more often. Mr. Gatti stated what some of the Board members are concerned about when we get together is that we have an information stream and know what is going on. Will you accomplish that through your monthly report? Mr. Dick responded through monthly reports and I would attend your Board meetings or any subsequent meetings you may have. Mr. Ziko asked can you let us know when you are coming down here so we can meet on a selective basis? 15 1611. B 1 Port of the Islands Improvement Distnct August 5, 2005 p Mr. Dick responded yes. Ms. Dillon asked what is the rationale for the CID to pay the phone bill for the plant? Mr. Acosta responded we just left utilities with the CID; part of the reasoning for leaving utilities with districts and municipalities is they do not pay sales tax. Our guys generally use their cell phones; they do not use the plant phone for communications. If we put in high -speed Internet we are paying for it. Ms. Dillon asked in the normal part of our bill paying, if we have a bill we think is wrong, out of line or something, do we contact you? Mr. Dick responded you contact me. Mr. Gatti asked how busy are you folks in terms of giving us service? Mr. Acosta responded we are all busy but, from my perspective. I am wherever I need to be for however long I need to be there. Mr. Gatti asked how many clients do you take care of? Mr. Dick responded five, this would be six. Mr. Gatti stated you would give us one day per week. Mr. Dick stated some are smaller than others. I also have several project managers under me so I am not the only person. Mr. Gatti asked what is the young lady's role going to be? Ms. Briden responded my role is regulatory compliance and I handle most of the reporting requirements. Mr. Gatti stated we receive many reports from the DEP, some of them get so confusing. Who is going to be handling that? Ms. Briden responded that falls into my court. Mr. Bissell stated this is something I've never been able to get an answer for. Over the course of the shift, how many how hours does the plant operator have to be in the building looking at the monitors? Mr. Acosta responded my most recent experience with the DEP is, and the latest answer we have received from the DEP is, that all the hours must be spent on site, in other words, he cannot come over here and check lift stations for 30 minutes and count that time as part of the wastewater treatment plant operation. Hours at the plant do not have to be consecutive, but can be broken up over the course of the day. Mr. Lambert asked is there in fact a sign out log? 16 August 5, 2005 Port of the Islands Improve en istric8 Mr. Acosta responded it is required by law. Mr. Gatti stated we want to thank you folks for being here today; in my opinion you did a really great job. Mr. Benson asked in the categories where you provide pricing, are all of those considered to be essentially lump sums or are certain ones allowances? Mr. Acosta responded that is our price in total. Mr. Benson stated you mentioned the Beeline CDD; are you still there or is that contract coming to completion? Mr. Acosta responded we are still working there. The contract has roughly two years remaining on it. The commissioners there have entered into an agreement with Palm Beach County who are going to run facilities on the Beeline Road and to connect at the time. Mr. Gatti stated thank you. The record will reflect the board to a five- minute recess. B. US Water Mr. Gatti stated let me set the ground rules. You have 20 minutes to make your presentation; the Board will take 35 minutes, if necessary, for questions and answers. Mr. Dave Schultz, US Water, stated thank you for having us here. I would like to introduce the people I have here with me today; Mr. Gary Durmer, the President of the company and Mr. Scott Lewis, who is the Region Three Manager with this area in the state. Mr. Gary Durmer stated I am the President of US Water. I have been involved with the preparation of your proposal. I have reviewed your site and your budget. With a 20- minute timeframe I'm going to go rather quickly. I do have one question; there were certain questions we were required to answer, is that part of the 20- minute timeframe or is that part of the questions and answers? Ms. Dillon responded answers. Mr. Durmer stated US Water is a Florida -based company, we are qualified in this state for engineering, and are also licensed general and utility contractors. We specialize in turnkey operation, design, build and utilities operations. We also own utilities enabling us to put ourselves in your shoes very easily and are faced commonly with the same challenges the CID has with regards to financing, funding and rate impact issues. Probably, if you look at our corporation, you may say US Water owns and operates utility systems; I guess it's important to say who are our clients. US Water has a very diverse client 17 August 5, 2005 1611 Bl Port of the Islands Improvement District base. We operate approximately 400 facilities throughout the state; the majority of our clients are governmental type clients: Florida Department of Transportation, we are the contractor and operator for the Florida Department of Environmental Protection, and we work for a number of cities and counties, running their utilities. What we do is specialize in customizing our contracts to fit those governmental and private client needs. With some clients we may provide only engineering service, with some clients we may provide only operation services, or we may provide only customer service for billing and collections, so we are very diverse. We have grown our company's history to provide those additional services because, for one, we felt we could do it very economically and two, we find in this industry there is a lot of segmenting of construction and engineering and operations causing generally diverse interests in that project being completed. When you put that under one roof, and I will give you an example; if we decide on a project from start to finish and operate it , all of the responsibility lies with us, there's not any finger - pointing that goes on. We do try to specialize in more turnkey operations design, build; operations to try to take as much of that versatile package as possible. A lot of the different services that we provide are planning, designing, permitting and we do a lot of wetlands sampling. In fact, we designed one of the first wetlands ever built in Florida for treatment. We provide risk management and various capital improvement planning services to our clients. I spoke briefly already about us being utility owners but I guess I cannot emphasize that enough; we are not just a contract operations company. We own utilities and I believe we have given you an alternate proposal if you ever decide you want to exit from the utilities business stating we would be interested in sitting down and discussing that further. We literally are right down the street. We operate from the City of Everglades City, Collier County School Board, Collier County Seminole State Park for DEP; in our case we are very local to your CID. 'In fact, I believe our operator comes here four days a week to pick up your samples to take to the laboratory. We have a very large operations and management staff locally; we have 30 people who work in this general area and we have a total of about 140 people in the state of Florida, of which about 30 are local and would be available to service you in the event of any type of emergency. Our proposal is priced that way; it is priced as a cost sharing arrangement with the other utilities we have here. We had given you what we believe is a very economical alternative for operation and maintenance. Because we are local we are very aware of hurricane response and 18 August 5, 2005 1 ()11 Port of the Islands Improvement District preparedness. We went through the last hurricane and mobilized additional people from other parts of the state in order to get the utility systems back on line. Although we only have 30 people in the area, pretty much half of our corporation mobilized to this area to tackle hurricane response. Again, these are a lot of the different things we provide and I am not going to bore you with it again. That was some background about us, but now I want to talk to you specifically about your system. When I look at your facilities it looks like there is a significant amount of deferred maintenance at the site and I guess I can liken it to some of the other developments and CDDs around the state where there was maybe some reduction in the pace of the growth. Looking at rate impacts and those type of things, a lot of the maintenance of those facilities, some of it is aesthetic some of it is not, we believe with our company resources we can do a better job to take care of this deferred maintenance and also get into asset - management of your utility system; preventive maintenance we keep a computerized program to track all of your equipment and when the maintenance occurred. You have a very complex system; I don't know if you heard that from the other proposer or your staff; you have pretty much the most complex system you can permit from the standpoint of wastewater. We took a look at the implementation of reuse. We understand you want to implement a reuse system to combine basically groundwater, surface water and reuse water into one system; we would like to get involved with that early on, if we are selected, to help with some SOPs and some sampling protocol on how that mixing is going to take place. We are certainly concerned with any type of solidity damage on the vegetation; obviously there has been a tremendous amount of money spent on the landscape in your community and we want to make sure it is done correctly and there isn't any kind of vegetative damage. Obviously, as your operator, we would want to be involved in your capital improvements planning; we would also be able to provide the District alternatives for capital improvements such as design, build, and even from a standpoint of just general contracting work constructing those capital improvements, we have those capabilities in -house and are currently working on at least a dozen design and build projects in the state. I wanted to mention safety and security because I believe there is some risk exposure for the District right now at the facilities with regards to fluoridation equipment, gas and chlorine storage safety. There are a number of items that we have seen that we think need to be taken care of immediately, whether you are aware or not, and we will make a list available to you so that you are aware of what we feel is an issue of safety and security. We have a few environmental 19 August 5, 2005 1611 1 Port of the Islands Improvement Distric concerns and, again, we want to bring this to the District's attention, with regard to long -term storage of lime, sludge that has been generated, and some other things which we do not have time to get into in 20 minutes, but we are prepared to do so. Mr. Scott Lewis stated in our proposal we proposed to keep the existing staff. If we are selected we want to make an offer to Mr. Stephens and his assistant and hopefully we could come to some agreement with the existing staff; obviously they have the knowledge and they have been here and we would certainly like to do that. We would support the existing staff as Mr. Durmer mentioned; we would have to get operators in the area to support your staff with our existing staff for vacations, and operational issues as they came up and they would need some support in ideas to work through any kind of problems and they would have the resources to draw on locally and company -wide and, again, we have a maintenance staff available 24/7. If problems arise you make the call to our maintenance staff and we will have people here whether it be water, wastewater, collection system or distribution system; that is what we do. On some of the cost assumptions, as you said earlier, we anticipate hiring all the existing staff, again because we want to retain the knowledge they have of the system. It is a lot easier to come in if you have the existing knowledge instead of learning it all on your own; we could certainly do that but prefer to hire the existing staff. It is our understanding there is various equipment on site that the District leases, which we assumed in our proposal would be available. We also made an assumption that the District would be responsible for any existing sludge and lime which needed to be disposed of, and it would remain your responsibility and after we started it would become ours from that point moving forward. We also assume the plant is capable of meeting Class B stabilization sludge; that the sludge can meet regulations for disposal. There was a maintenance cap number given of $15,000, and we assume there will be monies available past $15,000 based on our assessment of what is out there, of additional needs, but we will work within the District's direction. Mr. Shultz stated let me add one thing; what our intentions would be if we are selected is to provide a comprehensive statement of conditions of the facility which will list out each piece of equipment and the condition it is in along with our opinion of some capital improvement or capital maintenance repair planning. Generally, as we look at this size system and see a maintenance number of $15,000 where you are right now and say we are not sure that is going to be enough money to get this system up to a level of service standard that is going to provide 20 August 5, 2005 1611 Port of the Islands Improvement Distric reliable operation. We are letting you know right now that we are not sure that is the right number and it may be addressed over time; we just would be clear on that. Mr. Lewis stated our meter reading was based on approximately 800 connections, and we did not have an exact number so that is what we based it on and speaking with the operators, that is about where we are. Again, we made the assumption that tools, office equipment, anything that is on -site right now, would be available for the incoming operator. The cost of power was excluded from this contract as the District was going to pay it. The cost of personnel services is worth the cost of operating the facility with existing staff. Chemicals are your treatment chemicals; lime, chlorine and those types of items. We have some alternate proposals for some other services which I am not sure if your existing staff are doing or not, so we put in for mosquito control, labor and supplies, in a not to exceed number, providing management services similar to what Severn Trent is providing for you now and also to take over the utility and billing function as well. That is something we already do for numerous clients and utilities we own, and something we can offer the District as well. To wrap it up, what we foresee is a type of strategy session with the Board of Directors here and the existing staff to try and kick this thing off, if we were selected. Our objectives are to get a better understanding of where the District is coming from and what their goals of privatization of your utilities system really are. Hopefully you had time to check our references and know where we work and we do not need to explain a lot more about US Water. Again, in your specific case we believe a strategy session early on, and maybe even before you hire us or make a selection of any contractor, would be important so we can understand what the District's goals are in this privatization. We also want to chat from the standpoint of your customer service; as owners of utilities we are very concerned about customer service and do not mean just customer service in terms of making sure the water and sewer, which is very important, is delivered to those homes, but I mean customer service from an ability to make payments, payments online, answering the phone, public awareness, conservation, all those kinds of things that are very important to us as utility owners and to many of our municipal clients. It goes way beyond just billing and collections; sending somebody a bill and collecting their money, we also want to be able to get involved with refinancing of the utility so we can take a hard look at all of your rates and charges for services. When I look at your community, I see lots of vacant lands and how are those charges and 21 August 5, 2005 1 r Port of the Islands Im e en istri I p services for meter sets and what is the District recovering in those costs really can be very adverse if you were not collecting the correct fee for those recoveries. I understand you have debt on the system, some $3.5 million, I believe, there are complete covenants and restrictions in those but I believe a thorough analysis of where you are at from a business standpoint should also be done concurrently with doing anything involved with changing the contract operations. Mr. Lambert stated one of the things, when I was looking through the document that we received from you folks, it appeared to me that Mr. Lewis was going to be our closest contact as far as a manager. In my package, there wasn't a rdsumd for you and since we are going to be working closely with you I would like to see it. site? Mr. Lewis stated I can get that for you. Mr. Lambert asked along those lines, what kind of time are you planning on spending on Mr. Lewis responded I am here often because of Everglades City and I try to make it to the site at least twice a month, physically on -site, and with the operators at least on a daily basis as needed, but physically down to this site at least twice a month. Mr. Lambert asked is there any other equipment you would be putting on -site? Mr. Lewis responded we actually placed the proposal with us providing our own transportation. We put the backhoe out there that you already have to defer cost. If you have a water line break and we have to have someone drive a backhoe down here we are going to hit the maintenance cap number quickly, so we tried to look at whatever you had. The proposal also includes for us to provide hand tools, testing equipment and all of that. We have a certain amount of tools that are included in our pricing. Mr. Lambert asked how would you interface with the Board? Will Mr. Lewis be at our Board meetings? Mr. Schultz responded Mr. Lewis can be there. We have other intermediate managers that report to Mr. Lewis. However. during your first few Board meetings I certainly would not mind attending and there would be no additional cost for that, so that we can discuss options and be able to quickly try to get on track to understand what the Board's needs are. Mr. Lambert stated I am not sure I remember 100% of what was in the document but who is Mr. Stephens to report to if he were to stay with you? Mr. Lewis responded it will be Mr. Gary Hynes, our chief operator in the area. Mr. Lambert asked how much time will he be spending in the area? 22 August 5, 2005 16LI B Po rt of the Islands Improvem strict Mr. Lewis responded a significant amount of time; he is at Everglades City at least once per week. Mr. Schultz stated let me try to answer the question a little bit differently. You have a primary operator for your site and we appreciate that and we would like to have that operator continue as an employee of US Water. However, having said that, we want to ensure we have multiple people at US Water who are trained on this facility and we imagine rotating people in and out in order to cross -train so you are going to see different faces from time to time and, in addition to that, not just for vacation purposes but as protection for us in the District. You will also have multiple people handling maintenance. If you have an emergency that requires us to have four maintenance people here for one day, you would only pay them for one day and only pay your portion. Mr. Lambert asked have you taken into consideration, or is this going to be an extra charge, if you go out because we have a community here that it kind of falls on us to maintain and occasionally a stop sign has to be replaced or another little maintenance job? Have you taken that into consideration as part of your proposal, or do you have a way of dealing with that type of thing? Mr. Schultz responded when we priced this proposal we priced it for basically two people here all the time and then we augmented it with our other staff. For example, weekend coverage is another operator from US Water or there may be staff to come in to handle some of the maintenance and the maintenance staff may be here only for a day for two. I guess, generally speaking, we have 80 hours of labor per week, not including weekends, built into the proposal. If the District has a list of projects they want done and they can be performed in that time we do not have a problem with it; I can tell you the plants need a lot of work and we would concentrate directly on performing the work at those plants. If you need a stop sign replaced or some other small jobs done, as long as it is in the normal course of those 80 hours and the District is flexible and does not give us a list of 100 things to do, we are going to work with the District on it. Ms. Dillon stated your report talked about some of the conditions at our plant. Can you expound on what you see your firm doing to fix those things? Mr. Schultz responded from a standpoint of just general maintenance, we have actually talked to the DEP about the status of your facility with regards to compliance. We understand there was a compliance issue with filtration; the District is having a difficult time meeting TSS limit at the wastewater plant. Other than that, we cannot see any real big problems at your 23 August 5, 2005 � Port of the Islands Improveme� n stn1 ct wastewater site or your water site. Generally, we have a level of standard at US Water that is a high. When we go to a facility aesthetics to us are very important. If I were to bring a prospective client to your facility it would not be very good and I probably would not get the job. I do not want to take anything away from the people who work with you now; we would envision from early on throwing some resources at it included in our base fee to get it generally cleaned out, some painting done, and just some general building and grounds type maintenance that needs to be done. When I say yes, there are deficiencies at the facility, some of them are related to, for example, using gas chlorine, it is not only a safety issue, most of the equipment used for the gas chlorine, from a standpoint of functionality, is inoperable and it doesn't work. Instead of going in there and saying we are going to spend $20,000 repairing your chlorination system we are going to come back and recommend we switch to liquid chlorine, which is a simple maintenance repair and really, I do not want to fix all of it, I am not going to recommend you fix all of that, I am going to recommend we switch disinfections, which is going to involve maybe slightly more O &M cost, but your capital costs to keep the other stuff going is so significant for this number of customers and is what we are going to look at. We are going to look at how do we operate these systems, your system, keeping in mind the number of customers you have and impact on rates. You are currently in a situation where you are funding debt service for half a facility that is not in service. We have already had discussion at a meeting amongst ourselves as to who we do sell this capacity to, so that is our mindset; if there is anyone else that can use this capacity temporarily in order for us to bring more to the table than just an operator. Ms. Dillon asked on this proposal, the utility billing is included? Mr. Schultz responded we have the utility billing included to actually send your bills. Ms. Dillon stated okay, I was not clear on that. Mr. Ziko asked in your alternative proposal for mosquito control, is that on a demand or schedule basis? Mr. Schultz responded I envision we would work with the District to come up with a solution. We did not quite understand if it was only scheduled or, as you put it, on demand, and something we would get with the District on and come up with that type of arrangement as to how it needs to be. Mr. Ziko asked how firm is that part of the contract? 24 August 5, 2005 p 0 R 1 Port of the Islands Im rove1ment is nct i+ Mr. Schultz responded it is an alternative and we probably need to discuss what your needs are in your existing schedule. We really did not have a lot of information made available at the time the proposal was put together but we wanted to make sure there was an issue with mosquito control that you were using with your existing staff and they would still be able to work under those parameters so that you would not have an additional cost beyond what you are having now. Mr. Ziko stated we understand it requires a special license to spray the mosquito control here. Is that taken into consideration in this price? Mr. Schultz responded it is. Mr. Ziko stated you mentioned you handle the Collier School Board. Is that in conjunction with the County? Mr. Schultz responded no, the School Board owns their own utility system because some of their schools are remote to County facilities so they actually have some new removable facilities in Collier County for the schools, along with their own reverse osmosis water plants and such. We are the contractor who operates the utility systems for the School Board. Mr. Ziko stated you mentioned Class B sludge that was not conforming to what we need. Mr. Schultz stated we just want to make sure it is conforming. Mr. Ziko stated the filter you mentioned that was not operating properly; Mr. Benson has come up with an alternative to use a screen -type filter which may be implemented, and we are currently researching the possibility. Mr. Schultz stated I will point out that we have vast experience with filtration. We have many facilities with filtration and just about every type of filter we either perform maintenance on or operate currently. Mr. Ziko stated in conjunction with that, these people are offering us this filter at a greatly reduced price and they possibly want to use our plants to show other clients, which would not be best right now. How quickly do you think we could get this into a presentable status if they decided to offer this filter at a fair price? Mr. Schultz responded aesthetically, much can be done in 90 days, and will look different in that time. Again, I suggest you get our input on all the filtration equipment and there are certain additional recommendations that we would have to help protect the Board, such as a maintenance bond or performance bond on the filter. Mr. Ziko stated I believe Mr. Benson will take care of that. 25 August 5, 2005 Port of the Islands Improvem t lisInct b Mr. Schultz stated what I am trying to say is we would interface with your engineer to provide those types of suggestions. Mr. Ziko stated we seem to be stymied an awful lot in this District. I do not believe if you were awarded this contract that you would want to come back to the Board to get the dumpsters out there and would be part of what you would be doing, correct? Mr. Schultz responded you are correct but there is a lot of surplus equipment back there that should be removed. Mr. Ziko asked what I am talking about is how are you going to get the dumpsters out there, are you going to call them up? Are you going to come back to the Board meeting and say we need some dumpsters? Mr. Schultz responded under a one -time cleanup of the facility we would hope it would go under the maintenance cap for those kinds of items, but if it cost $3,000 to remove all that is back there it is not built into our proposal. We do have the labor to do it. The proposal from the standpoint of trying to put this filtration system in and again, I have not had an opportunity to look at the design at all so we would work closely with your engineer to assist our client, the District, and any kind of protection as far as maintenance bonds and those kinds of issues. Mr. Ziko asked will this be a problem? Mr. Benson responded no. Mr. Ziko stated we are looking at 90 days for cosmetic changes, basically. Is the local contact, Mr. Hynes, going to be in this area? Is he in the Sarasota area? Mr. Schultz responded he lives in Cape Coral. Mr. Ziko asked is he readily available if we need to contact him? Mr. Schultz responded yes. We have a very strong presence of people right here who are right by your site. We operate Hendry County Correctional, Everglades City, the School Board, Horseshoe Spring Sanctuary, if not, we would not be able to give you the price that we did. Mr. Bissell stated I think most of my questions have been answered except for the painting and cleaning after cosmetics are done. In the 80 -hour week you are referring to, are they able to take care of the maintenance; keep up with painting and cleaning of the mold and trash? Mr. Schultz responded yes. If we are going to get this done in 30 days, I will tell you right now, I will put additional people here. 26 August 5, 2005 week? Port of the Islands Improvemen D istrict B 1 Mr. Bissell asked after that is done, are these people able to maintain that in an 80 -hour Mr. Schultz responded yes. Mr. Bissell asked will it be additional to the contract for this one -time spruce up? Mr. Schultz responded if we are not dealing with the tanks I believe we can do all the piping and all of that, depending on the term of our contract. As a principal at the company I will say this; you have our commitment that we will, in the beginning, put additional labor into the project in order to get this up and running because frankly, your system is a state -of -the -art system and we would also like to use it as a showplace just like the people who want to sell you the filter. I am not going to come to you and say I need additional costs to spruce it up. What we are talking about is piping, equipment and just getting rid of the garbage. Issues we see at the water plant such as doors and windows are not included and we are going to come back to you and say, at the water plant we need x number of doors and windows replaced and that is not in our base contract and will be something that will not go under your maintenance cap or some capitalization. Mr. Ziko asked can you handle that? Mr. Schultz responded we are licensed general contractors. Mr. Ziko stated it would be aesthetics, over all. Mr. Schultz stated it is not up to our standard and we are committed to, as quickly as possible, bringing those up to what I believe will be a very impressive level of standards for the District. Mr. Gatti asked you mentioned about a water main break; how would you handle that in terms of cost? Mr. Schultz responded what I perceive, if is there is a simple meter leak at somebody's meter or a simple leak repaired with our on -site crew within those 80 hours, we are fine. If you had a catastrophic leak, what we envision is providing you with a standard schedule of repairs, and we talked about this before; we want to provide the District with some level of assurance that for the money spent on the maintenance cap for emergency repairs or whatever, that you have a level of assurance that our prices are fair for those services. What we were proposing is to provide you an hourly rate schedule as we have for other various cities and counties and we, in fact, have one for the Department of Transportation, so you have those same prices. It is actually called, in the industry, piggybacking another municipality or state bid so we can provide those 27 August 5, 2005 Port of the Islands Impro m t Lila -- B I because, for example, we have different rates for different people. If I have to bring an electrician in, it is a higher rate than if I have to bring somebody to repair a water break. Mr. Gatti asked do you work off of a multiplier? Mr. Schultz responded no, we work off of categories per rate. Mr. Gatti stated we had a 25% plus or minus loss of water. What would your approach be to that initially? Mr. Schultz responded that is a great question. One, the water is scarce down here anyway from the standpoint of fresh potable water. Two, we have extensive experience on the utilities we purchase and in almost every case the unaccounted for water was almost, in every case, as much as 60% to 70% and is normally a combination of things; it is not one item which causes that. It's a combination of meters and depending on the age of your meters; for example residential water meters 10 years old, if they are over 10 years old they should be changed. We can do a sampling of the water meters and run them off edge and see what they are reading out. Mr. Gatti asked do you have those facilities? Mr. Schultz responded absolutely. From a standpoint of meter accuracy we always concentrate on that first. If your meters are inaccurate you are not charging the correct revenues, normally and in some cases we have gone in and changed all of the meters in the system. We have a system that we bought a year ago that I believe we have replaced 80% of the meters. Again, to offer the District protection, we have contracts with cities on fixed rates for unit prices for meters. What I am saying is anything that the District could use that we have with another city or county we will offer at that same pricing which was competitively bid for the district. If it is meters, we can certainly address it. As far as leaks go it is certainly a possibility, depending on, and here where you have high groundwater ferocity the leaks do not always surface they are much more difficult to find, the meters are an easy fix. Thirdly, a lot of the unaccountable water issues we see are bulk meter errors. The easiest thing to do is to make sure the plant meter recording your total source water is accurate, so we usually start right there. Part of it is employee training also; if you are out there flushing fire hydrants and properly keeping track of utility used water, like for example the water used at the wastewater plant or the water used to flush a fire hydrant, it is tracked and it is going to come directly off of your unaccounted water so it is a combination of groups. Mr. Gatti stated we are about to 60% to 70% built out. What happens with our continued growth? How does it affect you? 28 August 5, 2005 Port of the Islands Impro a st B I Mr. Schultz responded as to the standpoint of fixed costs, things that are very influential to our fixed costs that we have included in the price, two things are obviously chemicals and sludge. If you go from 800 to 1,600 homes, sludge costs are doubled. We have given you sludge costs based on the current system. We have given you chemical costs based on the current system. Your sampling is based on this current system. Everything is based on what you're doing currently. In the contract we will have to look at establishing a base loading and flows for your site and then there will be some incremental increase as those things go up so, from a standpoint of operational labor, one item we see which may cause the District additional costs is you have a variance on your water plant. Your water plant has a variance of staffing requirements, literally the role requires your plant be operated six hours a day and three hours a day. I am not sure at what point that variance may go away and you may have to double your staffing, I have not seen it; we have only been told by the DEP. From that standpoint, it could mean increased costs for the District if at some point we have to provide an operator six hours per day operator versus three hours per day. Those types of things, relating to growth, could affect your pricing as you grow, though you will have additional revenue to offset those. My goal is to look at your current revenue, revenue requirements, rates and all charges for setting meters and all these kinds of things to make sure the growth is covering the cost. Mr. Gatti asked whose face are we going to see here? Mr. Lewis responded you're going to see mine. Mr. Schultz stated I want you to understand, because you have asked that question a couple of different ways, you are going to see Mr. Garry Hynes, our regional manager, who has been with me for 12 years. You are going to see Mr. Lewis and, in the very beginning until we figure out what our goals are here, you are going to see me. Ms. Dillon stated our concern has been interface with our management company, or, in this case, if somebody ran the plant, because this is a relatively new Board, but we have communication difficulty where a month can go by sometimes before you get any kind of feedback, you do not see anybody, you do not know if anybody is here, which is unacceptable and is the reason for the question. We want to make sure you are going to be here, and that you are going to be around and we are going to hear from you. Mr. Gatti asked are you going to have a regular reporting system? Mr. Schultz responded that is kind of the goals and objectives meeting. What level do you want to be notified? Let's say a monthly to report, that's easy. What do you want on the 29 August 5, 2005 1611 B 1 Port of the Islands Improvement strict monthly report? Do you want a list of every water break that happened during the month? Do you want a list of whatever improvements? Those are a part of the goals and objectives that we all meet early on to decide what the Board's goals and objectives are and how they want to see them reported so we can formulate that kind of information in the communication package so it gets here. Mr. Ziko stated there is a lot to be done in the first 90 days and what we would like to see is a gradual lessening of participation where you have to explain what is going on. We would just like to see the plant run. It is not that we are looking to oversee every little thing you do; we just want to make sure these things get accomplished because for 10 years this plant has been neglected. Once it gets up to running status, if you get the pipes painted properly and the tanks and all of that, and you are confident the plant is operating the way it should be, I do not think we are going to be seeing much of you. Mr. Gatti stated I have one last question. Who are the last three contracts you have acquired locally? Mr. Schultz responded Everglades City sticks in my mind as current. Mr. Gatti asked are you working with Mr. Dick Mulfree there? Mr. Schultz responded yes, as far as maintenance goes. However, we are operating the plant, not maintaining the system. Mr. Gatti asked do you work with the Water Management District at all? Mr. Schultz responded we do not have any contracts with the Water Management District, obviously, on all the different facilities we have to report to them. Mr. Benson stated just so you understand, the District needs to operate the wastewater plant with disposal primarily to reuse, but also, they need to maintain the wetlands disposals to backup, and I just want to ensure in pricing that you include all costs for monitoring and everything on both of those. Mr. Schultz responded we did not. We included the cost for monitoring to the existing system without reuse, because we are not going to reuse now. We did not think it would be right for the District to pay for monitoring not taking place. The price of the proposal was for the monitoring required now for the next 12 months. Mr. Benson stated what we would have to do if you were selected is to get updates to your pricing. They are doing the monitoring, we are not doing the reuse, but we are doing the monitoring to make sure we are getting there. 30 August 5, 2005 Port of the Islands Im p rovem1 e t B Mr. Gatti stated you mentioned the development and at this time we are currently 40% to 45% developed. How would you structure the rate adjustment? Would it be a multiplier times the entire cost or would it just be for costs based on new customers? Mr. Shultz responded we can propose a schedule of increases as per cost. The RFP talks about a five -year contract and really, if we're selected, in the negotiation process we can talk about some mechanism form so we can fairly be paid for whatever ERC count comes in. Certain fixed costs will not escalate, but there will be certain costs that will have to escalate. that? Mr. Gatti asked what happens when you have to provide new service? How do we do Mr. Benson responded Mr. Stephens provides the meter and the developer installs it. Mr. Gatti asked who pays for that? Mr. Benson responded there is a charge to the developer. Mr. Gatti asked where does the money go? Mr. Benson responded it goes into the budget. Mr. Schultz asked is there also a fee for connecting to the wastewater side of it? Mr. Cox responded we have a standby capacity reserve assessment that we levy each year as part of our non ad valorem special assessment which covers the fixed cost of operating the plant. Mr. Benson stated we have a list of projects that have been maintained for a number of years and now that we have the money we are starting to do the projects. How would you propose to handle those types of projects, obviously it will be an extra charge over what you propose, but when we have one, would we get a proposal from you on the project or would, on some of the small ones, we would just get a bill for it, how would you do that? Mr. Schultz responded what we are proposing currently is to allow the District the protection of our other pricing that has gone through the competitive bidding process so that there is some assurance for the District that those prices are fair. For small projects, the cost of bidding out, preparing documents and reviewing bids, usually can outweigh the costs of the project, so for small projects we would certainly entertain language as those prices change and we can list contracts that we could piggyback from and can list those in our five -year terms. Mr. Gatti asked we are winding down; do you have a final statement to really impress us? Mr. Schultz responded from the standpoint of us being here, we are excited about having the opportunity to work for you. When we looked at the plant it is pretty advanced treatment for 31 August 5, 2005 -'*0 Port of the Islands Im p e6J R rict Li I a community this size. When we look at the facility, we look at your community and the way it is kept and you are the kind of client we want to work for. Mr. Gatti stated thank you very much; you did a wonderful job. I am not sure how fast we are going to make a decision, that is up to the Board. The record will reflect the Board took a five- minute recess. SECOND ORDER OF BUSINESS Other Business Mr. Benson stated, and as you will recall a couple of years ago we received a grant from SFWMD. I received a telephone call from Mr. Clarence Tiers in the last week basically reminding us of the program. Mr. Cox has already forwarded some information to me and I have been on the website to download all of the forms. The proposals are due September 2nd and we have one project that will potentially meet the eligibility requirements, that you have already approved and we are designing, which is basically almost finished and is the filtration and disinfection system at the canal pump station, which relates to your reuse system. I suggest with a little effort, I can get this application filled out. One of the things they are stressing this year is they want projects that are ready to build, already designed and permitted and that is the case with your project. I can fill out the forms and send them in if that is what you would like. They are giving, I believe, a grant of 40% as a general percentage, for construction. If I recall correctly, that project is around $200,000, so 40% would be roughly $100,000, if we received the grant. Mr. Bissell asked is that one of the projects on your sheet? Mr. Benson responded it is one of the projects you retained us to design and it is one of the projects we need to do for DER On MOTION by Ms. Dillon seconded by Mr. Bissell with all in favor Mr. Benson was authorized to apply for the grant. Mr. Gatti asked what else do you have? Mr. Benson stated at the last meeting, I talked to you about the proposal we received from Parkson Corp. regarding the NBR for the plant. If you look at option A and option B, that is the pricing I had given you the last time and I had added a couple of line items that I did not have on there before. Basically, Option A is what they said the list price is for the system plus some estimates of other items. Option B was when they gave me their discounted price and 32 August 5, 2005 1I Port of the IslandImprovement tnct again, it had some estimates of other items needed. When we talked last time we agreed we were going to go back and tell them okay, if you are going to give us a proposal, it is better to give us a proposal for all of the equipment so we do not have to have an estimate and if anything is left out they are providing it and also to price it with the installation of the equipment. I have talked and met with them and we came up with a few more pumps and pieces of equipment that were needed and they have added those into the price; they have added the installation of the equipment and I encouraged them to give us their best price at this point and they further discounted it to $239,000. At this point, you had asked me to give you an update at the next meeting and that is what I am doing. If you are still interested after this information today, I suggest we get them to give us a detailed proposal with all of the terms; I have worked with Mr. Cox and Mr. Goscicki to include all of the things we want as far as warranties and those types of things. I have talked to them about it and they are working on it and they understand we are still in this process. If you are still interested, I can bring a firm, full proposal by the next meeting. Mr. Gatti asked given what we have just been through, are we a little premature with this? Mr. Benson responded I am not sure if you went with contract operations that it would impact either firm. Mr. Lambert stated whenever someone gives you something they usually expect something back and I was wondering what kind of strings might be attached to this as far as our obligations. Mr. Benson responded as I indicated when they first brought this up, this is newer technology and they are looking for an installation in this area. They are a Fort Lauderdale company and this would probably be the first installation in the United States for this particular system. Their string is they want to be able to show potential clients this facility in operation and have it on their list that they have one installed. Ms. Dillon asked are the numbers on the bottom the projects we currently have scheduled that we would not do if this were to take place? Mr. Benson responded that is correct. Ms. Dillon stated we are saying what we have scheduled currently is $583,000. Mr. Bissell asked did DEP approve this? Mr. Benson responded we will have to work with DEP, but I do not expect any problems. Ms. Dillon stated I see no reason not to go ahead with this. 33 August 5, 2005 Mr. Gatti asked do we need a motion? 1611 �B Port of the Islands Improvement District Mr. Goscicki responded you just need the consensus of the Board for Mr. Benson to continue to explore and develop a proposal. Mr. Benson stated I will bring you back a full proposal that I will work on with Mr. Goscicki and Mr. Cox with regards to the terms. Mr. Gatti asked does the Board have anything else? We talked about making a decision and I think everybody agrees that we want to chew on this awhile. Ms. Dillon responded yes, because it is more than a decision between two companies, it is a decision of do we want to turn over the plant. It is not that simple. Mr. Benson stated you asked each of the companies for references for the last three projects which I think is good. One of the things I did was to have one of my operations specialists make some phone calls based on references in both proposals. We have at least three people who responded for each company and some of the people have not called back yet. I can provide you with that now, or if you are going to talk about it, at the next meeting I can bring you back a list. Mr. Gatti stated why don't you give it to us now. Mr. Lambert stated that way we can digest it before the next meeting. Mr. Benson stated basically our firm has experience with both firms and what I would say is both firms are qualified to do this type of work. do so. Mr. Gatti stated I do not believe it is appropriate for you to go through that now. Mr. Goscicki stated I suggest you summarize it and send it to the Board members. Mr. Benson stated I will send you an email and maybe a couple that had not called will Mr. Lambert stated I would like to propose at the next meeting we sit down with Mr. Goscicki, as a representative of Severn Trent and Mr. Stephens to discuss where we think things are not going smoothly and what we can do to fix it and to gather some information to determine whether or not we are making the right decision going to a contractor. The other thing I am wondering, because of the amount of stuff we seem to have to go through at every meeting, is for some period of time down the road we go to two meetings a month; we do not have to decide today but maybe think about it and make a decision. 34 August 5, 2005 Port of the Islands Im p rovem1 en ist t 8 Mr. Gatti stated part of the problem we are all faced with, because of the communication thing, is because we are month to month with meetings. From month to month, every 30 days, so many things happen; I think we should go with that now if it is acceptable to the Board. Mr. Lambert stated I am also wondering if we need all the staff here at one of those meetings because one of the things we cannot do is have discussion amongst ourselves. If we were provided a recorder and someone to create the documents are we out of bounds? Mr. Cox responded as long as it is duly noticed. Mr. Lambert stated we can advertise it as an open meeting, but we will not put the burden of you, Mr. Benson and maybe not even Mr. Goscicki being here twice but it would give us a chance to mull things over. Mr. Goscicki stated what we do with some of the other districts we manage is set up a workshop on a routine basis. They are meeting twice a month and one of those meetings in essentially a workshop meeting where they are reviewing and discussing the items that are scheduled for the next meeting's agenda so you have those items in front of you, it is an opportunity to discuss them; you cannot take any action on them because it is advertised as a workshop but it gives you the opportunity for more free flowing input; you are not dealing with check registers, you are not dealing with financials, you are dealing with the other business issues. Ms. Dillon asked what are some of the negatives of having a workshop as opposed to a meeting? We would not be doing minutes or financials but if we were going to discuss something that was engineer related we could call Mr. Benson and say can you come? Mr. Lambert stated I think we need it, at least for the time being. Mr. Gatti asked how about the workshop issue? Mr. Lambert asked does the workshop get minutes? Mr. Goscicki responded yes, we would still produce minutes and we would still keep records. Mr. Cox stated you cannot take a physical action at a workshop. Mr. Bissell stated I think we need a regular meeting as opposed to a workshop, in a sense that we can make a motion and pass it and do business. Mr. Ziko stated I agree. Ms. Dillon stated otherwise you are just delaying it. M August 5, 2005 mind. R Port of the Islands Imp rovemen Dis rict v+ Mr. Gatti asked what is the Board's pleasure? There is a cost involved, keep that in Mr. Ziko responded not at a workshop. Mr. Gatti stated at a workshop we do not need the entire staff and at a regular meeting, we are going to need more staff. Mr. Lambert stated we call it workshop and we can get through some things even if we cannot vote. Mr. Goscicki stated I would not suggest you hold a regular meeting without your counsel being present. Mr. Cox stated I have been working with Ms. Pat White at the District Offices and we have a substantial amount of money in relation to all taxes and assessments that were against the RV Park parcel and the surplus lands parcel. I am not sure how much money is going into the O &M, but I believe it is approximately $780,000. The rest of it is associated with bond debt and the accrued penalties and interests. Essentially, what we are looking at, if we can get all this money properly allocated, this District is in good financial condition; they are no longer under any type of defaults on the bonds, the monies that flowed in for the bonds included penalties and interest which accrued on the assessments that will flow into our various reserve accounts we have to maintain under the bond indenture. Allstate may come back someday and ask about the legal fees but frankly, if they do, I will laugh at them because they got a lot of money. I have a valid legal argument that they are not entitled to any money from you. Ms. Dillon asked what remains to be done? Mr. Cox responded nothing. Ms. Dillon asked has the RV park been settled as far as a sale? Mr. Cox responded I do not know. Mr. Lambert asked how do we keep ourselves from getting in this situation again? Mr. Cox responded you do not. Mr. Gatti stated you have our money and the rest of it is none of our business. Mr. Ziko stated I would just like Mr. Goscicki to get the check registers up to date for the next meeting. Mr. Goscicki stated absolutely. Mr. Ziko stated also, a good explanation of what the checks are for. 36 August 5, 2005 1611. Port of the Islands Improvement District Ms. Dillon stated I sent you an email about the Board members getting the code to get into the plant, since we do not have access. Mr. Goscicki stated I will get with Mr. Stephens on that and talk with my people because there are security issues on the water side. Ms. Dillon stated it seems ludicrous to be in charge of the plant but have no access to it. Mr. Gatti asked are you sure you want to do this? That is a plant that deals with a lot of health issues and a lot of other things. Are you sure any of us want to go in there? Mr. Ziko responded yes, I would like to go in there just to see that the plant is actually being cleaned. Mr. Cox stated I do not know if you guys really need to go in there when the operator is not present. Mr. Ziko stated the operator should be present when I decide to go over there. Mr. Cox stated if that is the case then you really do not need the code. Mr. Benson stated it has to be manned per the DEP, so there should be somebody there seven days a week. Mr. Gatti stated we have no business in the plant when there is not an operator present. Mr. Ziko stated there were times when I went to plant, the truck was inside, the gates were locked and you could not reach him. Mr. Gatti stated if that is a problem, I think we should handle it differently than all of us having access to the code where something could happen creating a liability issue. Mr. Ziko asked what about the background checks that Mr. Stephens is doing on all the employees? Mr. Goscicki responded we are moving that function into Severn Trent, where Severn Trent employees will now be doing it. FOURTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Ms. Dillon seconded by Mr. Lambert with all in favor the meetin was adjourned. T- BissellC+7 �,�� Richard Gatti Assistant Secretary Chairman 37 Naples Daily News Naples, FL 34102 1611-0 1 Affidavit of Publication Naples Daily News ------------------------------------------ -------- --------------------- - - - - -- PORT OF THE ISLANDS 210 N UNIVERSITY DR #802 CORAL SPRINGS FL 33071 REFERENCE: 010948 59073938 Notice of MeetingPor State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier Count, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 07/29 NoticeT- � Port of 4 .. COM. nl�y Improvement Dlstrlct AD SPACE: 70.000 INCH FILED ON: 07/29/05 ----------------------------------------------------------------------- Signature of Affiant / - Sworn to and Subscribed before me this ay of 20(� Personally known by men Harriett Bushong k- MYCOMMISSION# DD234689 EXPIRES July 24, 2007 cdf° R ONDEDTHROTQ0V�AININSI)P.ANCEINC Naples Daily News Naples, FL 34102 1611 B 1 Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - }' - - - - - - - - - - - - - - - - - - - - - - - - - - - PORT OF THE ISLANDS 210 N UNIVERSITY DR #802 CORAL SPRINGS FL 33071 REFERENCE: 010948 59053396 Request for Proposal State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 06/03 AD SPACE: 84.000 INCH FILED ON: 06/03/05 ---------------------- - - - - -- Signature of Affiant Edward 0041GkI DistHCtMaditl(ikr .. YIn_1QB83G2 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Sworn to and Subscribed before me this E_. -day of � 20 ' zua- Personally known by me "MA. Bushong ��nPY . P�BIi % _ MYCOMMISSION # DD234669 f:XVIV Spa 30124.2007 1611 '" 1 UIMMOKALEE R F E IMMOKALEE FIRE CONTROL DISTRICT I S R C EU 502 E. NEW MARKET ROAD, MMOKALEE, FLORIDA 34142 E FLA EST. 1953 RECEIVED OCT 0 4 2..005 September 27, 2005 2 B Id of County Commissioners X-7 Fiala Halas co Clerk of Courts Henning ICE? 3301 Tamiami Trail East Coyle Naples, Fl. 34112 Coletta To Whom It May Concern, The Immokalee Fire Control District has their regular monthly Board Meetings every third Thursday of every month, at 502 E. New Market Rd. Immokalee, Florida at 7:00 P.M. Ann Carver Administrative Assistant Immokalee Fire Control District Misc. C� item* ,C° GENERAL OFFICE (941) 657-2111 FIRE PREVENTION (941) 657-2700 FAX (941) 657-9489 1611 g 2 e�o 0 om fj i� r a t s o 4 7 to LEE :CVIV T ef,C.xRp.torS ELYn. �..s M'E1 yi. 29 SR. 29 �� r T //f n I0 �li Y G C i etaa r 1~11 HENDRY CCJ�T- O T \l I �L 1'11 J� n I ~ i � r mr N ^ �+ c J w '4 Dc .. C -r DRUNMJ -A NIt Z'd e?C:Rfn Pn Q? JdH- S.R. 29 II HENDRY CGJh,T•' Ai "ISM 61''iL ,AT 4 ut 75 rn M Oka RA\SLNOD. LOC4t% RNID C.P. 0 c4n m &-Vc" C2 OR 40 S.R. 29 II HENDRY CGJh,T•' r �D h �D O' N J co cp v Cp W N 0 1611 B z w„ CD °0 0 o V N W O O O O A r M w W m o 0 n W A m 0 0 Z Dr Fr m m O - T r m m 0 0 O O z z -i -i X X O O r r O O ow o W 0) V O O C7 m m N o 0 N o 0 N � n n (D (D N N N OOD A O v O W O O O -+ V O) W OD O V V 00 VI A w w A 4 N N C7 D O � rn � A '0 z C!1 O m z 1 O T W a W 3 z m �o to co io r CO) Z O �1 -n I� T 7 V � W m r_ d n �D o m r W D m < Z d n A w O O iT T d r A d v N .fl O 3 16 B 3 MEMORANDUM U ,;� 17 `.. Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: October 12, 2005 RE: Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritage Greens Community Development District 1. Pursuant to Florida Statute 189, Heritage Greens Community Development District has submitted the following item: a. Public Meeting Schedule for Fiscal Year 2006. Thank you Aspeciakspecial Misc. Corres: Date: / /S os Item #:1k ,K / Copies to: 1611 �6 3 Heritage Greens Community Development District 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 September 23, 2005 Clerk of the Circuit Court Finance Department c/o Derrick Johnssen 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 ° Board of County Commissioners Collier County Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 Dear Gentlemen: In accordance with Chapter 189 Florida Statutes we are required to provide to you at the beginning of each fiscal year a notice of our public meeting schedule. Notice is being given that the Board of Supervisors of the Heritage Greens Community Development District will hold their meetings for Fiscal Year 2006 at the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida, at 6:00 p.m. on the first Monday of the month as follows: November 7, 2005 at 6:00 p.m. February 6, 2006 at 6:00 p.m. May 1, 2006 at 6:00 p.m. July 10, 2006 at 6:00 p.m If the Board desires to meet more frequently, they will separately publish a notice of each meeting at least seven days prior to each Board meeting to include the date, time and location of said meetings. If you have any questions, please contact me. Sincerely, Sandra H. Demarco District Recording Secretary /shd 1611 g a� SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1- 800 - 432 -2045 • TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov October 13, 2005 Collier County Board of County Commissioners Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Dear Commissioners: Subject: 2006 Florida Forever Work Plan Update Each comm. Recld Copy Enclosed is the Executive Summary and list of eligible projects of the Draft South Florida Water Management District, 2006 Florida Forever Work Plan, annual update. The plan will be discussed for adoption at the Governing Board Meeting November 9, 2005 to be held at Ocean Reef Club 35 Ocean Reef Drive, Key Largo Florida 33037; and presented for adoption by the Board at the South Florida Water Management District's Governing Board Meeting on December 14, 2005 to be held at District Headquarters in West Palm Beach. The purpose of the Florida Forever Work Plan is to present projects eligible for funding under the Florida Forever Act (Section 259.105, F.S.), and to report on progress and changes since the February 15, 2005 submission. The Draft Florida Forever Work Plan, 2006 Annual Update, included as Chapter 6, Volume II of the South Florida Environmental Report, lists the 67 projects eligible for Florida Forever funding in the fiscal years 2006 through 2010. The proposed eligible projects list includes CERP projects, SOR projects and water quality and supply initiatives, plans and studies. The entire draft plan will be available for review online at the District website http: / /www.sfwmd.gov /sfer by October 20, 2005 or by contacting Wanda Caffie- Simpson in the Land Resources Department at 561- 682 -6445 or wsimpsoCaD_sfwmd.aov. Sincerely, Thomas W. 011iff Assistant Executive Di ctor TWO /wcs Enclosure GOVERNING BOARD Misc. Corr6s: Date: Item* Copies to: EXECUTIVE OFFICE Kevin McCarty, Clair Alice J. Carlson Lennart E. Lindaht, P.E. Carol Ann Wehle, Ezetwice Dircclor Irela M. Bague, Vice -emir Michael Collins tiarkley R. Thornton Pamela Brooks- Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. 1611 B 4, Executive Summary As required by Section 373.199, F.S., the South Florida Water Management District (SFWMD or District) has completed the annual update of the Florida Forever Work Plan (FFWP). The purpose of the 2006 Florida Forever Work Plan is to present projects eligible for funding under the Florida Forever Act (Section 259.105, F.S.) and to report on progress and changes since the February 15, 2005 submission of the report. The Florida Forever Work Plan, 2006 Annual Update is an interim update, with a limited focus of reviewing project activities that will impact land acquisition requirements- -acres to be acquired, costs and schedule - -over the next five -year time horizon; as well as provide updates on the CERP and SOR projects, water quality and supply initiatives, plans and studies eligible for Florida Forever funding. The report highlights how lands acquired under the Florida Forever program are being used to implement projects and how future land acquisition requirements are evolving through the outcomes of project planning activities and environmental studies. Additionally, the status of land acquisitions, acres acquired and acres remaining to be acquired are presented for eligible projects. This year's report is organized similar to prior year reports: • Sections 6 -3 through 6 -9 provide updates on project activities occurring within nine regions that impact land acquisition and management activities of the District (See Section 6 -2 for a brief overview of regions); • Sections 6 -10 and 6 -11 provide a review of the CERP and SOR programs that receive portions of their land acquisition funding through Florida Forever; • Sections 6 -12 and 6 -13 present the performance measures and goals to be achieved by projects eligible for funding; and • Section 6 -14 provides a general update on land acquisitions and management activities for the reporting cycle. This interim update should be used in conjunction with Volume 1 of the 2006 SFER and the 2005 Florida Forever Work Plan, Chapter 8, Volume II of the 2005 SFER in order to obtain additional information about the state of the water resource and system -wide and regional descriptions of land use, water quality, water management practices, physical conditions, and other characteristics as require by statutes. The 2006 Florida Forever Work Plan identifies a total of 67 eligible projects, including CERP projects, SOR projects, and water quality and supply initiatives, plans and studies. Newly added projects include: • Lemkin Creek Water Storage and Treatment Facility • Everglades Protection Area Tributary Basins Long -Term Plan for Achieving Water Quality Goals (Long -Term Plan), including the EAA Regional Feasibility Study • C -44 Reservoir and STA (Acceler8) • Everglades Agricultural Area Stormwater Treatment Areas Expansion (Acceler8) • C -43 (Caloosahatchee River) West Reservoir (Acceler8) • Everglades Agricultural Area Reservoir - Phase 1 with Bolles and Cross Canals Improvements (Acceler8) • Everglades Agricultural Area Stormwater Treatment Areas Expansion (Acceler8) • Water Preserve Areas - Includes Site 1, C -9 and C -11 Impoundments, Acme Basin B, and Water Conservation Area 3A/313 Seepage Management (Acceler8) • Picayune Strand Restoration (Acceler8) • Biscayne Bay Coastal Wetlands - Phase 1 (Acceler8) • C -111 Spreader Canal (Acceler8) Projects removed: 1611 4 1 • Henscratch Ranch • Lake Marion Creek • Reedy Creek • Biscayne Bay Regional Restoration Coordination FY2006 Florida Forever finds made available to the District from the State in July 2005 are projected to be used to acquire lands for the Kissimmee River Restoration project. Table 6 -1 presents a five -year forecast (FY2006— FY2010) of projected real estate expenditures for eligible projects. The estimated total real estate expenditures for eligible projects in the five -year period is $3,615,907,537, of which $3,577,349,537 will be used to acquire lands and $38,558,000 will be used to avoid costly acquisitions through the construction of engineering solutions. The five -year projected real estate expenditures represent a substantial increase over the prior -year estimate of $1,194,376,822, taking into consideration the new CERP Master Implementation Sequencing Plan, Version 1.0 (See Section 6 -10) and revised land cost estimates reflective of south Florida's escalating real estate market. A funding stream of $680 million dollars is projected from Florida Forever and Save Our Everglades Trust Fund ( SOETF) over the next five years (See Table 6 -2). The projected SOETF balance of $500 million will be used to fund land costs for CERP projects, leaving a deficit of nearly $3 billion dollars based on the five -year projected real estate expenditures, not including inflation. The projected Florida Forever balance of $180 million will be used toward 2006 SOR land acquisitions (Kissimmee River and several other projects) and completing construction of projects, also known as cost -to -cure (See Tables Table 6 -5 and 6 -14). In order to meet the 2006 projected land acquisition - funding requirements for eligible projects of nearly $4 billion dollars to complete the planned restorations, the District will be seeking additional funding alternatives, including requesting extended authorization of SOE funding. With respect to the balance of funding to be made available through Florida Forever, the District will likely direct the balance toward completing construction of projects that meet the requirements of the program, but not necessarily land acquisition and management. 1611 B 4 ELIGIBLE COMPREHENSIVE EVERGLADES RESTORATION PLAN PROJECTS Information for CERP projects is included in the Project Management Plan for each project. Current approved versions of all CERP PMPs, as well as in progress drafts are made available at www.ever lg adesplan.org/. The following list summarizes all eligible CERP projects: Full -Scale CERP Projects • Acme Basin B Discharge • Big Cypress /L -28 Modifications • Bird Drive Recharge Area (as part of ENP Seepage Management) • Biscayne Bay Coastal Wetlands • Broward County Secondary Canal System • Broward County Water Preserve Areas (WPA) • C -43 Basin Storage Reservoir — Part 1 • C -I I I Spreader Canal • Caloosahatchee Backpumping with Stormwater Treatment • Everglades Agricultural Area Storage Reservoir, Phases 1 and 2 • Everglades National Park Seepage Management • Florida Keys Tidal Restoration • Flow to Northwest and Central Water Conservation Area 3A • Indian River Lagoon — South (including C -44 Reservoir /STA and Allapattah) • Lake Okeechobee Watershed • Loxahatchee National Wildlife Refuge Internal Canal Structures • North Lake Belt Storage Area • North Palm Beach County - Part 1 • Palm Beach County Agricultural Reserve Reservoir - Part I • Site 1 Impoundment • Picayune Strand (formerly, Southern Golden Gates Estates) Hydrologic Restoration • Strazzulla Wetlands • Water Conservation Area 3 Decompartmentalization and Sheetflow Enhancement - Part I • Water Conservation Area -213 Flows to Everglades National Park • Water Conservation Area 3A / 3B Flows to Central Lake Belt • Water Preserve Area Conveyance Acceler8 Projects • C -44 (St Lucie Canal) Reservoir / Stormwater Treatment Area • C -43 (Caloosahatchee River) West Reservoir • Everglades Agricultural Area Reservoir — Phase 1 with Bolles and Cross Canal Improvements • Everglades Agricultural Area Stormwater Treatment Areas Expansion • Water Preserve Areas — includes Site 1, C -9 and C -I 1 Impoundments, Acme Basin B and Water Conservation Area 3A /3B Levee Seepage Management • Picayune Strand (f /k/a Southern Golden Gates Estates) Hydrologic Restoration • Biscayne Bay Coastal Wetlands — Phase 1 • C -11 I Spreader Canal Pilot Projects • Lake Okeechobee Aquifer Storage and Recovery Pilot • Lake Belt In- Ground Reservoir Pilot • Caloosahatchee River (C -43) Basin Aquifer Storage and Recovery Pilot • Hillsboro Aquifer Storage and Recovery Pilot • L-3 IN Seepage Management Pilot • Wastewater Reuse Pilot 1611 g 4 ELIGIBLE KISSIMMEE REGION PROJECTS Information on the Kissimmee Region is included in Section 6 -3 of this Chapter. The following list summarizes all eligible projects within the region: • Kissimmee Basin Water Supply Plan Development and Coordination • Kissimmee Chain of Lakes Long -Term Management Plan • Kissimmee River Restoration Evaluation • Kissimmee River Restoration Project ELIGIBLE SAVE OUR RIVERS PROJECTS Descriptions of the eligible Save Our Rivers Projects are provided in Section 6 -10. Additional information and project maps can be obtained from the Save Our Rivers Land Acquisition & Management Plan, available at www.sfwmd.gov; select Major Projects; select SOR. • CREW • C- III /L -31N • Kissimmee River (Lower Basin) • Kissimmee River (Upper Basin) • Pal Mar (West Jupiter Wetlands) OTHER ELIGIBLE WATER RESOURCE PROJECTS • Biscayne Bay Regional Restoration Coordination • Biscayne Bay SWIM Plan • Caloosahatchee River Watershed Initiatives • Charlotte Harbor Watershed Initiatives • Estero Bay Watershed • Everglades Protection Area Tributary Basin Long Term Plan • Florida Bay Initiative • Four Corners • Indian River Lagoon (IRL) SWIM Plan • Lake Istokpoga • Lake Okeechobee SWIM Plan • Lake Worth Lagoon Initiative • Lemkin Creek Water Storage and Treatment Facility • Lower East Coast Water Supply Plan • Loxahatchee Preservation Initiative • Naples Bay Initiative • St. Lucie River Issue Team • Western Basin 1511-8 4 — 10/13/05 17:24 FAX 6433266 COLLIES'. C y 1611 Cool , A. AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: October 19, 2005 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMON AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Fiala I. ROLL CALL Halas --- - -- Henning II. ADDITIONS OR DELETIONS: Coyle Coletta Ill. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: September 21, 2005 V. DISCUSSION: Subcontractor Specialty licenses. VI. NEW BUSINESS: James T. Ivy — Request to qualify a 2 "d entity. Gheorghina Eva Bejan — Request to qualify a 2nd entity. Billy Gurley — Request to be granted a file & marble license without testing based on his Georgia the & marble license. Michael Zook — Request to qualify a 2nd entity. VII. OLD BUSINESS: Vill PUBLIC HEARINGS: Case # 2005 -02 Gilbert Andreetti vs Exiquio Lopez D /B /A Exiquio Lopez, Inc. IX. REPORTS: X. NEXT MEETING DATE: Wednesday, November 16, 2005 Misc. Corr2s: Date: l / 15 —D5 Item #:1 L 1 G 1 Copies to: Ittl GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, Fl 34104 SUMMARY OF MINUTES & MOTIONS September 29, 2005 x.611 2 IF- f 7 x:; > i 2u' 0 5 e�a< rt, , + ,,.. .crst+ Eissrcnars MSTU Fiala Halas - Henning� =- — Coyle Coletta III. Approval of Agenda & Minutes – Three items were added to the Agenda which was moved and approved unanimously. Minutes of July 21, 2005 were approved unanimously. Special Meeting Minutes of August 23, 2005 were moved and approved unanimously. VII. Housekeeping Items: B. Pace of Project 2 – Mr. Slebodnik expressed his dissatisfaction with the speed of Project 2. He stated the MSTU should get better performance and service for the $21,000 they pay in County services. Staff has related they were not given clear direction from Purchasing and the Committee, along with staff, has had problems with Purchasing in the past with misinformation and the turnover of personnel. Mr. Slebodnik stated there definitely needs to be better coordination and cooperation between the County Departments. XL Old Business A. Reimbursement Check to Lely Civic Assn. for Doral Sign Tony Branco moved to submit a check to the Lely Golf Estates Civic Assn. in the amount of $4,393 for the MSTU's portion of the Doral Sign. Second by Bob Cole. Carried unanimously 4 -0. Misc. Combs: Date: Item t Ca Copies to: Ittl 1611 ,2 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 OctoWr 20, 2005 Agenda L Call meeting to order IL Attendance: HL Approval of Agenda IV. Approval of Minutes — September 29, 2005 V. Landscape Maintenance Report - CLM A. Update on Landscaping VL Landscape Architect's Report — Mike McGee A. Front entrance B. Update on ordering of light poles and benches VII. Housekeeping Items: A. Stormwater project VIII. Transportation Operations Report — Darryl Richard A. Project 2 — status of bid proposals, lights, benches, etc. B. Status of reimbursement check to Lely Civic Assn. IX. Budget Report A. Tessie Sillery & Bob Cole — Budget Committee X. Committee Reports: A. Doral & Augusta Sign Lighting — Tony Branco B. US 41 Entrance Landscape Committee — Ron Torp/Mike McGee XI. Old Business: XH. New Business: A. Newsletter XIM Public Comments: XIV. Adjournment The next meetinr W11 be November 17.2005 at 4:00 PM Collier County Landscape Operations 2885 Horseshoe Dr. South - Naples, FL 34104 Ittl 1611 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 September 29, 2005 Minutes L The meeting was called to order by Chairman Robert Slebodnik at 4:00 PM. H. Attendance: Members: Robert Slebodnik, Tony Branco, Robert Cole, David Larsen -4:02, Ron Torp (Excused) County: Darryl Richard - Project Manager, Tessie Sillery-MSTU Coordinator, Others: Robert Kindelan- CLM, Mike McGee -McGee & Assoc. Sue Chapin - Manpower III. Approval of Agenda — Add: VII. (B) Pace of Project 2 XI. Reimbursement Check to Lely Civic Assn for Doral Sign X. (A) include "Augusta" Bob Cole moved to approve the Agenda as amended. Second by Tony Branco. Carried unanimously 4-0. IV. Approval of Minutes — July 21, 2005 Bob Cole moved to approve the Minutes of July 21, 2005. Second by Tony Branco. Carried unanimously 4 -0. It was noted the Notice to Proceed for E.B. Simmonds for a $35, 000 limit was discussed at the July meeting. Special Meeting Minutes — August 23, 2005 Page 2 — under Public Comments — is to read "suggested lighting the sign on Forest Hill and Augusta by using "the light pole" located in the median at the foot of Augusta Blvd. Tony Branco moved to approve the Special Meeting Minutes of August 23, 2005 as amended. Second by Bob Cole. Carried unanimously 4-0. V. Landscape Maintenance Report - CLM A. Update on Landscaping • Completed Palm Trimming and tree removal of dead trees • Fertilization completed • Relay on Pump Station burned up — requested quote for parts from vendor • Trimmed bougainvilleas VL Landscape Architect's Report — Mike McGee C 2 1611 C 2 A. Front entrance — Purchasing requested they pull the electrical from the September 27th BCC Agenda and open up a Work Order. Items under $25,000 and the item with Lumec did not require a BCC approval. The Work Order is now being reviewed by staff and ready for the first week of October. Mike will coordinate the lighting and irrigation for it to be done at the same time. B. Update on Poles and Benches — will be ordered together. Daryl stated E. B. Simmonds stated their project could be delayed as much as a month. Being a County Contractor they are working on the County Landscape Beautification Master Plan Project at this time. (The poles will be textured black and the benches will be black metal with composite redwood decking) VII. Housekeeping Items: A. Stormwater Project Update — Mr. Slebodnik reported Quality Engineering employees have been working 10 — 12 hour days and anticipate finishing the project the first week of October. They are very professional and are doing a good job. The county project manager, Gianfranco Nicolaci, is monitoring the work on a daily basis. B. Pace of Project 2 — Mr. Slebodnik is very disappointed with the speed of Project 2 — it should have been finished early this year. Time has been wasted; and for $21,000 in County service fees, he stated the MSTU should get better performance. He has asked the Project Manager to stay on top of the project all summer, and has now been told the electrical portion of the project will be delayed another month. The bids for the irrigation and plant installation are not completed. Mr. Slebodnik stated it seems as though the concept of multi- tasking is seldom utilized. Mr. Slebodnik mentioned the MSTU experienced the same thing with Project 1- when plant material was installed during the coldest part of the year it did not look healthy for quite some time. He stated it looks like they are headed for the same scenario again. Darryl stated that clear direction was not given to staff by the Purchasing Department. The Committee and staff have had problems with Purchasing in the past because of misinformation and turnover of personnel. Mr. Slebodnik stated there is a definite need for better coordination and spirit of cooperation between County Departments. VIIL Transportation Operations Report — Darryl Richard A. Project 2 • Electrical delayed • Work Order will be issued for E. B. Simmonds • Landscaping portion possibly out to bid early part of October — no confirmation from Purchasing at this time. Darryl will check with Purchasing on a timeframe. 2 1611 Ce • Commercial Land Maintenance will install the benches IX. Budget Report A. Tessie Sillery & Bob Cole — Budget Committee Budget was distributed (Attached). Different totals were covered and discussed. Discussion followed and confirmed the Grant money is included in the Budget line item and the amount of Project 2 is $117,000 total. X. Committee Reports: A. Doral Sign Update — Tony Branco At the meeting in July they discussed extending the lighting at the Doral sign. Two options were discussed — adding more lights on each side or installing all new lighting. Darryl was to meet with Simmonds. Darryl reported he received prices for the Augusta area but not Doral. There was no follow up. Tony Branco volunteered to contact Mr. Simmonds and get a quote for both lighting options. Board members accepted his offer. B. US 41 Entrance Landscape Committee — Ron Torp/Mike McGee Mike McGee reported the entrance is doing good. XI. Old Business: A. Reimbursement Check to Lely Civic Assn. for Doral Sign The Lely Golf Estates Civic Assn. paid Sign Craft $8,786 for the new Doral Sign. The MSTU said they would pay their half ($4,393) in October, 2005. They are now reimbursing the Civic Association for the sign. Tony Branco moved to submit a check to the Lely Golf Estates Civic Association in the amount of $4,393 for the MSTU's portion of the Doral Sign. Second by Bob Cole. Carried unanimously 4 -0. Mr. Slebodnik asked that the check be mailed to the President, George Ramsey. XII. New Business XM. Public Comments Being no further business to come before the meeting, Tony Branco moved and Bob Cole seconded to adjourn. The meeting adjourned at 5:25 PM The next` meeting will be October 20, 2005 at 4.00 PM Collier County Landscape Operations 2885 Horseshoe Dr. South Naples, FL 34104 SPECIAL MEETING 1611 C GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, Fl 34104 August 23, 2005 Minutes I. The meeting was called to order by Acting Chairman Robert Cole at 1:22 PM. IL Attendance: Members: Tony Branco, Ron Torp, Robert Cole County: Darryl Richard- Project Mgr., Tessie Sillery-MSTU Coordinator, Others: Michelle Guerrero - Manpower, Michael McGee- McGee & Associates III. Approval of Agenda Ron Torp moved to approve the Agenda. Second by Bob Cole. Carried unanimously 3-0. IV. Old Business: A. Approve Funding for Lely Phase H Project Michael McGee opened discussions on the lighting fixtures mentioning a cost saving measure of having two of them removed from the project. He showed the locations on a map. Bob Cole moved to keep all of the fixtures and continue with the current arrangement. Second by Tony Branco. Carries unanimously 3 -0. There was an open discussion on the light fixtures color. It was resolved to stay with the previously determined black. The fixtures globe position was discussed. Darryl Richard noted that the sole sourcing needs to be approved by the Board of County Commissioners. It is projected to have this go before the Board of County Commissioners on September 2nd. The approval of the funding does not issue the notice to proceed. 1611 Ron To 1'P PP moved to approve the contracts for EB Simmonds at $23,010.00 and Lumec at $17,050.00 for a total of $40,060.00. Second by Toney Branco. Carries unanimously 3-0 XII. New Business: A. Recommend Applicant for Board Vacancies Ron Torp moved to recommend applicants Anthony Branco, and Robert Cole to fill the vacant positions for the Golf Estates Beatification MSTU Advisory Committee. Second by Bob Cole. Carries unanimously 3 -0. XJK Public Comments: Tony Branco suggested lighting the sign on Forest Hill and Augusta by using a pole located across the street instead of running electric lines under the road to the sign directly. Darryl Richard will look into the safety issues and light projection feasibility if this is an issue to be addressed. This issue could by the responsibility of the Civic Association. Being no further business to come before the committee, the meeting was adjourned by the Chair at 1:45 PM. The next meeting will be September 29, 2005 at 4:00 PM Collier County Landscape Operations 2885 Horseshoe Dr. South Naples, FL 34104 2 1611 C 2 Richard Darryl From: RichardDarryl Sent: Monday, August 08, 2005 12:13 PM To: Mike McGee (E -mail) Cc: sillery_t; Robert Slebodnik (E- mail); lulich_P; flagg_d Subject: EB Simmonds - Revised Quote - Lely Phase II Mike, We have EB Simmonds REVISED - Quote (dated 8- 7 -05). Here's were we stand on the budget: EB Simmonds Cost $23,010.00 Lumec Cost $17,050.00 ($1,550 per pole w/ 11 poles) Total Project $40,060.00 The Committee has approved 'Not to Exceed' $35,000.00. To move the Project Forward a Special meeting would be required (the next meeting is September 29, 2005). Mike. please make provide comment/recommendation regarding approval for this item by the LeIv MSTU Committee. Thank you, Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659 -5775 Fax: 239 - 530 -6219 Cell: 239 - 253 -9083 darrylrichard @colliergov.net FROM : McGee. K Ws Sn,: i a tr_ s 4£3107 ��5 ELF; 44 4406FX 1WVUAvenue 00105 ?%3pia& MOWa 341 U4-?M4 August 6th, 2009 McGee & A.ssocaate's 5079 Tamiami Trail Fist Naples, FT, 34113 Voice; (239) 4I 7-07(7 i Fwc (23 9) 417-0709 Attic_ Mr. McGee S B. Sly MONDS' Clectriul, In6: STREE*Y UUT7NQ - LML nEf S < iGFNERAM*.q 1HDV5T ALL AN13 GOIAUVA7.4iu. RE: Lely M S.T U phase two ,,n rove penis. Dear Mike As we discussed Friday, by removing the pull hole at each 1 nimaire and using the A.13-5 bases we can trim a substantial amount off the origvtal cost of the Job, while not compraraisft the overall integrity of the instal latim Howevcl, I still think most o " the open trenching will be harm worse dtle to otbcr utility conflicts and special Care neMed not to dacnMr the new sidewalk-s I would like to Stick to uxng 4 11V L. conduit ab apposed to the 3 /4 tkttascbe d, please fi rid the mvised pnicing for Chia project We look forward to svorldnA with ym Agli,a If you have any questions please call Sincerely, I . B, Sinmonds T- Imfiic4l, Inc. P..J Rae {23A) 917 i3 72 FROM = McGre Fl.ac7r:i,�te , ;7�dcxrsan�aAvenue �lt�$ 0:: Fior 3470a TQ24 0 . B. Sll'''iMON Ejectrioai, inn, ss rREET ;.IGHTINC, UT1i.UYijm - GEiMERATORa INDUG'rRtAC AND C=AAERCiAi, ESMWte and aC oz&arf TO- Collicr Cautrgy T*ZWPa%.1Zjon ATM - Alt native Mocks of �'Toxtahc>n 2885 South ilpe>mk= Drive Naples, FL 34104 Phooc. (239) 213 -5971 Fax: (239) 213 -5893 Aderjb4 : McGee and A>- aciatcs, Michael Mtt M by apaciEc�iious and rstirnatrs feu. Laly Golf Estate% MST1i phase two Load ct==S cleatr ca! 5wvjcc PA toxc, S69) tl(i Fumish and tnswi fomdations, i 940 Ot^ sxstaIi fixhu�c. ; S,2t3D r7ti 2" PVC (m Iic:n vI :.25'^ M with oandt#" 2" PVC (in lieu 4 i 25 "i Vm :,760.00 tr h With oaraduetcw, 5.4&o a rotas Mxtczial and Labo!'S O(i,t t 1611 C 2 (238)643.2 ^7Q �* 020) Aga (, 17;1 Augz=t 7, 2045 Quak OQG510664 Note: 'Ns flge]Ceisfcx budget puqx �o' ly .I,}rnidbrlseCCdinemx] - datcvla1aw.w.!! � ;) � Anr :assCcintractt THIS CONr;RAC-7 EXCLUDES ANY 0, "ALL PEPIWT, INSPECTION. IMPA(.'' AND CTTILt "t v FEES We hoevby prW0- t0 fzMtish the shave c=piete rn aocnedavzc v"th the ahme. spocificatiotzg icn the zt sr >f TAY U*r a tis:>r,aand ten doilar4 and 04/1 otltl)s [)otlarB lSZjQjL4Ltx11. P3YrA0nt to bo made as fellows la fuQ apon txitnpletion It ix Lho std htiiy of the ��xxnrh�scn vv�or to pzrn * adupate ac g to the jok ;te if d lriug the c}aur8e of "th: job it 1)Spptnr f? vase sidewalks, sys £" aaR a 4 x[ Fawaq 5?wuid b—fp «x+sa4 n dirrct '6311h of our m 1lltury, rcraim may f ca+�A htx s FM +�wix adr M1, 8"")d ark• duraj C All rnstWul used m this c<mk2d i's guar=toe d to tw 0 . a)t=9600 ur davietic n *CM I= �cw � +�ct$eii, ttad the exv ire }ctYs is to 1x dorm d a Gaut and writkna��aLal�citerfhrSAme, rsduP4QiRVRlVtFlgvxhRmv !Cflaborand�natuurtiai brsi ��,��` s a., Weil t maj �Mtsa 07AM �r thr. vnn -, Ir29b ira mottm winch Le an 2trftftlRl n#r of i 840, la the ' T+tnQ .ed >b thin -pay intam¢t �i flf raliesium meludwg c =,rf,re�i unc a sec: �ey� f, a : ThLC astute'tiwta h for�thirtf p ° "fin ' all ct)sts od 5' 61good by Thc fOrtring terms, Vwifica i s and ACCF-PTANCE OF TWAJT to, Md 'tf°�s me `369 v, and th same arr rttxeby hca y Rutiluve ytr� to =M-w the s�urr �tez3 ,r c. : � &VU4 try O O C) LU Lu 8 8 O$ 8 8 C6 8 cs o 000 00 -1 '7 pr 17 C4 0. 00 0 c; C4 YI app f W o o 0 Cl) 00 00000 Z ul) C4 C; C6 6 W) C4 C4 P. OOOVVV F31 W .8 888000000888881 4 ss ssss 4 W -j 12 C.? § MENOW966 I ri § § § 0 wo Z 9 I- w C4 . . 4)N . w w > 0 O . . . . . . . . . . . . . C! UJ o V 2 , CR z W , -w -9 R w 9 9 g g fn -W la w .6000CDO0000006600 0 00 c; 0 ci ci UJ C, >0 zo U. U. w LL C4, J c . . . . . . . . . . 0'.08888888888888888 . C4 888 4 $s ssU 4 W UJ a g C, 11 000 SDI 0 r- — r- r- '000 wi c4 u S CD N E v W s Q 4) �4 0 (D U) E z LLI 0 < o = D Lu W 4) c U) uj CL 0 E w 0 m, Z 1 8 LU U LLJ m 0 Lu Lij U- LU z z w LU LU Ui z w IL uj LU C.) a z w > 1: =caw w U) o-¢ 'o cn L) r� 0 I z Z) W (n D D x LU L'o 0 U) (L z U) oo U) cn 0- CL cr w Co LU 0 Z m m 2 2 ca M � < D a § LU =3 0 worn w D 0 0 z LU LLj Z CL 1 w 0 rx w w p w Z LL w 0 z —M 0 z C) Lu it W LLJ LU 0 < 0 �- Z Z Lu uj IL �- 4) (n LLI to 0 LU (n > LU LU :� < z 0 z z P Oo 0 0 z , 5 m 0 x 0 z ou 0, LLJ 0 CX LT- U; en 0: Lu CL LU w < < LU U) 0 W LU 0 z - 4., X u 15 0 Z 0: X Lu 0 Fo�r pz: ui U) LLJ LU U) LLI 5 LLI w (-) 0 U- w D M 31mbizo 0�- w ..'WOM-) 8 cLu M ch=�U)W�Mxm!e 0 D CD cc CD w Z LU Fr ui w C/) (n �� LL < z I o CO) L-uj 0 =M) IL (L (n 2 Lu 0 LL E);t m :3 D m I LU LU cr W kx LLJ uj w Lu pp M M t- C'I (co, io� w G 'o R 2 Rol '0. R "'o rz " 00 r- co n. x w �- 2: w w O Z L) LU N C-4 N L) 1611`C 2 co c t X r) C O c LU C. uj z L u- .01.- U, LZL K2 I' z a Z ..0 1) L'u LL, U) to -J Lm Z ui LU o Qc I-- >- C) 4 0(3zz Z VII O N N O C"i N Q W M Z W > W w 1611 C 2 4� Ln O T O 00 c: mo� �U'j T P Gl N N r C r o� N 0 0 0 0 0 0 0 0 0 "r O L O O O O O O O O O N O N Ln 0 0 0 0 0 0 0 0 0 Lo O CD co 0 q� N � N O d^ (fl T CO O O O r V O W p O �� F- N Qn O ry 4 ry d � Z U Q W 0; Z Z Z C/) W W W :E LLI W W Uj U) CO U) cj� O�L H VII O N N O C"i N Q W M Z W > W w 1611 C 2 "t'IT 000 Q Ln O T O 00 c: mo� �U'j T WO CO N O ti r to M N r C r L>L� N 0 0 0 0 0 0 0 0 0 "r O O O O O O O O O O N O > O 0 0 0 0 0 0 0 0 0 Lo O CD co 0 N N � N O d^ (fl T CO O O O r V O W N F- Z W O ry ry d U W F- F- :D Z Z Z C/) W W W :E LLI W W Uj U) CO U) cj� O�L H F- X F- cr of `t WW F- O W W = :< U_ ZU� Z — F-� > Of w- J X� O W~ E O 2' Q O F- F- W fl uj Q D LU uj W Z F-- U) m Z Q W Q o Q Q 0 W �U) (D 'S�: 2E F- F-UU Q ZZcr- C) C) fy-Unu1 F-F- W W Q 000 W C/) WtL >ZD ww�00LLJ �= nZ_ CRL tWi Qm H w Q Q —� LLJ U Z Z Z U U Z� 0 0 0 0 M O 0 0 0 0 r 0 u0 O ti O O N N O T 0 0 0 0 O r T T N d' M M M N M N M M V r CO CO r� CO CO CO M M M CO O M M M M M M M M't -'t M r O O r T 0 0 O Z N O 0) N LO LO N CD 0) U W CO 0p 00 co co T T U T 0) O r T O O VII O N N O C"i N Q W M Z W > W w 1611 C 2 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 5, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor I. Call to Order II. Roll Call III. Approval of Agenda Fiala Halas Henning Coyle ----� Coletta IV. Approval of September 7, 27 Meeting minutes V. Land Use Petitions A. Conditional Use No. CU- 2003 -AR -4647 — Continued from September 7 Meeting "Jan's Tram's CU" Sections 23, 24, 25, Township 52, Range 29 East B. Site Development Plan No. SDP - 2003 -AR -4620 1141 T Corporation Industrial Facility" Section 10, Township 48 South, Range 25 East C. Planned Unit Development Rezone No. PUDZ -A- 2005 -AR -7422 "Wolf Creek PUD" Section 34, Township 48 South, Range 26 East D. Planned Unit Development No. PUDZ -A- 2004 -AR -6126 "Saba) Bay PUD" Sections 23, 24, 25, 26 & 36, Township 50 South, Range 25 East Section 19, Township 50 South, Range 26 East VI. Old Business VII. W1 IX. X. A. Update members on projects New Business A. Outstanding Advisory Council Member Nominations B. Environmental Advisory Council Absences C. Chairperson and Vice - Chairperson election D. Potential changes to the GMP and LDC and requst from staff to activiate the GMP Subcomittee to review changes. Misc. Corms: E. Member resignation Council Member Comments Date: 15 Public Comments Adjournment Item #: I& .T / !�'� Copies to: Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on September 30, 2005 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403- 2424). General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1611 �' C September 7, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMNETAL ADVISORY COUNCIL Naples, Florida, September 7, 2005 LET IT BE REMEMBERED, that the Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence S. Dolan Lee Horn Ken Humiston Judith Hushon Iry Kraut Erica Lynne Nick Penniman (Excused) Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review 1 1611 C3 September 7, 2005 Meeting was called to order at 9:00 AM. I. Roll Call Roll call was taken with Nick Penniman being excused. A quorum was established. IL Approval of Agenda Mr. Humiston moved to approve the agenda. Second by Mr. Kraut. Carried unanimously 7 -0. III. Approval of August 3, 2005 Meeting Minutes Dr. Hushon moved to approve the August 3, 2005 minutes. Second by Mr. Dolan. Carried unanimously 7 -0. Lee Horn joined the meeting at 9:02 AM. IV. New Business A. County Attorney's Office Presentation David Weigel, County Attorney gave a power point presentation on the Sunshine Law including the following points: • A manual was supplied to each Committee Member. • A meeting occurs when two or more members of the same committee come together to discuss any matter which will foresee - ably come before that committee. • There are three requisites for meetings: - Open to the public - Reasonable notice - Minutes taken • The Sunshine Law does not apply to staff. • Emails between members with responses that mention a matter that would foresee ably come before the committee would be a violation of the Sunshine Law. • One way email correspondence is permitted. • Conduit use is not permitted. • Special meetings are under the Sunshine Law • Minimal notice of a meeting could be 24 -48 hours. • Meetings in restaurants are not advisable. • Penalties could be up to $500 and 60 days in jail. K 1611 "C 3 September 7, 2005 Mike Pettit, Chief Assistant County Attorney gave a power point presentation on Public Records including the following points: • The Policy for the State of Florida was given to Committee Members. • Any record created or received in connection with official business for the purposes of communicating, memorializing, or formalizing knowledge regardless of being in final form is considered public record. • Some notes taken could be deemed public records. • It is advised for Members to have a file to keep any record related to the Committee, when service ends all records can be returned to County Staff. • Disposal of a public record is not permitted. • The right to privacy is subordinate to the Sunshine Law and the Public Records Law. • There are civil and criminal penalties for a violation of the Public Records Act. Mike Pettit, Chief Assistant County Attorney gave a power point presentation on Ethics including the following points: • Members can not accept bribes. • Public officers are not to do business with the County. • Voting Conflicts- not to vote upon a matter that would give a private gain or loss or the private gain or loss of any principle by whom you are employed, or private gain or loss of a relative or associate. • If a conflict does not exist then voting is required. • Local Ethics Ordinance: (Hand -out reference) Research will be done to determine if the Environmental Advisory Council has final decision making power. A written opinion will then be sent out. No public official may accept a gift directly or indirectly if he or she knows that it was given with the intent to reward or influence him or her in the performance or nonperformance or his or her public duties. Mr. Pettit addressed questions. The meeting recessed at 9:52 AM, reconvening at 10:02 AM. B. Outstanding Advisory Committee Member Nominations None 1611 C 3 September 7, 2005 V. Land Use Petitions A. Planned Unit Development No. PUDZ- 2004 -AR -5422 "Mercato PUD" Section 34, Township 48 South, Range 25 East - All those testifying were sworn in by Mr. Griffin. - Disclosures — None Wayne Arnold, Director of Planning for Q. Grady Minor & Associates, P.A. reviewed the project including the following points: • It is a mixed use project. • Potential interconnection was provided. • The project is based on a main street concept. • Residential will be above retail and office. • (Displays were demonstrated) Stuart W. Miller, Senior Project Manager for WilsonMiller reviewed the project including the following points: ■ The site is 53 acres. ■ The site had been farm land in the past. ■ There is a high level of exotics. ■ Offsite mitigation was purchased. ■ Their will be 6.3 acres preserved to meet the 25% native vegetation requirement. ■ 4.7 acres of wet land will be enhanced and preserved. ■ One gofer tortoise was observed, the burrow is on the land designated to be preserved. Questions were addressed. Wayne Arnold reviewed the project including the following points: • (Demonstration of development possibilities) • Reviewed progression of modifications to the layout. Questions were addressed. Mark Martin explained connectivity to the surrounding site areas. He also agreed to the relocation of native plans as a stipulation. Stephen Lenberger, Environmental Services addressed access points and demonstrated the best areas to be preserved. M 1611 C 3 September 7, 2005 Jim Carr addressed impervious areas and demonstrates the hydraulic flow. Perimeter berms, drains, and storm pipes were discussed. Mr. Hughes invited the group to the Special Meeting and expressed his concern about the project. Questions were addressed. Dr. Lynne would like to be invited to see where the listed plants have been relocated. Bill Lorenz spoke on the Growth Management Language regarding maintaining preserves verses recreating. It was recommended to define "reasonably accommodate" under this particular situation. Mr. Hughes recommended preplanning for the future. As expressed my Mr. Humiston, due to the nature of the disturbed land project, being a good case for an exception he moved to approve Planned Unit Development No. PUDZ- 2004 -AR -5422, "Mercato PUD ", Section 34, Township 48 South, Range 25 East with the stipulation to include staff recommendations #2, #3, and #6 along with the relocation of listed plant species. Second by Mr. Dolan. Dr. Lynne felt that the County Staff has done a great job. Motion carried unanimously 8 -0. B. Conditional Use No. CU- 2003 -AR -4647 "Jan's Tram's CU" Sections 23, 24, 25, Township 52, Range 29 East - All those testifying were sworn in by Mr. Griffin. Donald Murray, Project Planner for Coastal Engineering Consultants Inc. reviewed the project including the following points: • The construction project will be on a quarter acre site that is already disturbed. • The project is for educational and recreational tourism. • Tour buses /trams will travel along a logging road while an airboat will travel along finger canals. Tammy Lyday, Senior Biologist for Earth Balance reviewed the project including the following points: ■ An overview of the location was presented. 5 1611 U3 September 7, 2005 ■ A wildlife survey was conducted. - Mitch House was sworn in by Mr. Griffin. Mitch House, Owner of Proposed Business noted that this project is to go along with his existing business to the South. The rides are to be slow; therefore the pontoon boat will have little displacement. He has had five year leases on this property for the past eighteen years. Mr. Hughes suggested having a reference video tape of the property before commencement. Heidi Williams, Zoning referenced the conceptual site plans. Exotic removal will be in the management plan as noted by Mr. Murray. The leased lands being placed into conservation in perpetuity would need to be addressed by Mr. Bass, County Commission and the County Attorney. Mr. House's attorney is willing to give a permanent conservation easement for the term of the lease. The road and the affects of the tram on plant life were discussed. Dr. Lynne does not feel that education will play a part in this project due to the lack of knowledge for what is on the site. It was recommended to return with a proposed educational program after an exhaustive survey of plants has been performed. Open discussion commenced. Mr. Sorrell moved to approve the plan with two stipulations of the legality of "perpetuity" and a survey. Mr. Sorrell withdrew the motion. Mr. Dolan moved to continue discussion to the October 5th Environmental Advisory Council meeting; with the applicants producing further research on the Conservation Easement and a flora survey of the project area. Second by Mr. Hughes. Carried 8 -0. The meeting recessed at 12:18 AM, reconvening at 12:27 AM. VI. Old Business A. LDC amendments — Cycle 2 — 9.04.02 — Port of the Islands Stephen Lenberger reviewed the amendments. 0 1611 C 3 September 7, 2005 Nicole Ryan, Conservancy of Southwest Florida felt that the mangroves in the area are nice. The mangroves would provide protection for the low lands. She made a recommendation to have a heightened level of review and recommendation. Dr. Lynne moved to approve LDC amendment -Cycle 2- 9.04.02- Port of the Islands. Second by Mr. Humiston. Carried unanimously 8 -0. B. LDC amendments — Cycle 2 — Update on exotic removal for TDRs Bill Lorenz gave an update on the amendments noting that each exotic removal arrangement would be a case by case basis for perpetuity of maintenance. He addressed questions, and Mr. Hughes suggested having an account open to handle the perpetuity maintenance funds. C. Assessment of the EAC: Functions and Alternative Options Bill Lorenz reviewed a report that was sent to the Board. Mr. Hughes concern was on citizens giving up rights to manage government itself, a demise to the culture. He also mentioned that due to the Environmental Advisory Council function it is imperative that all things are discussed in a public and open form. He feels that the Environmental Advisory Council should continue as a watch dog over critical resources for mutual survival. Dr. Hushon distributed a letter she had written and gave an overview. Dr. Hushon moved to have the Committee Members sign the letter in order to have copies sent to each County Commissioner Board Member. Second by Dr. Lynne. Carried unanimously 8 -0. Dr. Lynne commented for the record that the biggest problem of integrating the Environmental Advisory Council function into the Planning function is the water being muddied in terms of the recommendations to the Board. Nichole Ryan agrees with the letter written by Dr. Hushon, and does not believe there is an existing problem. She recommended to have a representative from the Environmental Advisory Council speak to the Board of County Commissioners. Mr. Hughes asked Committee Members to let the staff know if they are unable to attend the Environmental Advisory Council meetings. D. Special Meeting date and time 7 1611 C 3 September 7, 2005 Special Meeting- Monday September 19`h at 9: AM in the front room of the BCC Chamber. It will be televised. E. Update members on projects None VII. Council Member Comments None VIII. Public Comments Bob Krasowski introduced himself. He suggested air quality to be among items the Environmental Advisory Council reviews, along with efficient use of material and waste management. An air quality monitoring system was advised. Mr. Hughes would like a review of the 21 cubic feet of methane being released from the dump. A presentation from the Solid Waste Department along with the Pollution Control Department will be arranged by the Staff. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:12 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes I. II. III. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF October 5, 2005 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: 1611 Site Development Plan SDP - 2004 -AR -4620 41 T Corporation Industrial Facility Old 41 T Corporation Coastal Engineering Consultants, Inc. Passarella and Associates, Inc. C3 Item V. B The subject property is located on the east side of Old US 41, just north of Sun Century Road, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include developed and undeveloped parcels. ZONING North - Industrial (I) South — Industrial (I) East — Industrial (I) West — N/A DESCRIPTION Improved and vacant property Improved and vacant property Vacant property Old US 41 ROW IV. PROJECT DESCRIPTION: The project involves the construction of a 13,830- square -foot industrial office /warehouse building comprising ten units on an unimproved 6.69 -acre parcel. 1611 C 3 EAC Meeting Page 2 of 8 V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Industrial on the Future Land Use Map. The proposed use is consistent both with the County's Growth Management Plan and the Land Development Code. Conservation & Coastal Manazement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of this policy in that it attempts to enhance the quality and quantity of water leaving the site by utilizing the wetlands as a filter marsh to provide water quality retention and peak flow attenuation during storm events. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element for the following reasons: Fifteen percent of the existing native vegetation is required to be retained on -site and set aside as preserve areas. The project as proposed preserves twenty percent of the native vegetation existing on site. Selection of preservation areas was found to be consistent with the criteria listed in Policy 6.1.1. The scrub area east of the railroad ROW is immediately adjacent to Conservation Collier property. Habitat management and exotic vegetation removal /maintenance plans have been included as part of the Site Development Plan (SDP) /Construction Plan submittal. Approval of these plans is required prior to final SDP approval. Preserve areas shall be maintained free of Category I invasive exotic plants as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. 1611-C 3 EAC Meeting Page 3 of 8 Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Agency permits have been obtained and are included in the EIS. As stated in Policies 6.2.3 and 6.2.4, permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the site development plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Recorded permanent conservation easements will be required prior to occupying the building or within 90 days of SDP approval, whichever comes first. A wildlife survey for listed species in accordance with Policy 7.1.2 is included as Exhibit F. Wildlife habitat management plans for listed species are part of the EIS submitted and will be required to be part of the construction plans for the SDP. Technical assistance has been sought from both the U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC). Further information on this issue is contained under the listed species section to follow. VL MAJOR ISSUES: Stormwater Management: Engineering Review staff has reviewed this site for compliance with our requirements for water quality retention and peak flow quantity attenuation and has approved the design for those considerations. Flood plain compensation for the entire site will be required in the design of any future phases. Environmental: Site Description: The 41 T Corporation Industrial Facility is 6.69± acres and is located in Section 10, Township 48 South, Range 25 East, Collier County, Florida. The project site is located on the east side of Old U.S. 41 just south of the Garguilo packing plant. The property is bisected by a railroad right -of -way on the east half and a Florida Power and Light (FPL) right -of -way on the west half. The subject property is approximately 200 feet wide by over 1,600 feet long. The property is split by an active railroad right -of -way approximately 132 feet wide 1611 C 3 EAC Meeting Page 4 of 8 passing through the property in a north /south orientation. This right -of -way eliminates 0.49± acre from the east side of the site leaving 6.19± acres on the west side of the railroad right -of -way. The 0.49± acre area on the east side of the project site will be preserved. In addition, 0.63± acre of an impacted wetland on the west side of the project site will be preserved. Remaining areas will be developed to include buildings, parking, roads, and storage areas for recycled materials. Wetlands: Approximately 1.90 acres of South Florida Water Management District (SFWMD) /Collier County jurisdictional wetlands and 0.35± acre of "other surface waters" have been identified on the property. The SFWMD wetland lines were approved by the SFWMD during an October 14, 1999 site visit. The wetlands are composed of four FLUCFCS types: Brazilian Pepper, Hydric; Willow, Hydric, Disturbed; Cypress, Disturbed; and Pine /Cypress, Disturbed. The SFWMD "other surface waters" are composed of one FLUCFCS type: Drainage Canal. Table 3 in the EIS provides a breakdown of the wetland and "other surface waters" acreages for the site by FLUCFCS type. According to the Collier County Soils Map, the following soil types are found on the property (Figure 3): Unit 7 — Immokalee fine sand; Unit 17 — Basinger fine sand; Unit 34 — Urban land - Immokalee- Oldsmar, limestone substratum, complex; and Unit 39 — Satellite fine sand. The project has an existing SFWMD and U.S. Army Corps of Engineers ( USACE) permit for impacts to wetland and "other surface waters." Mitigation to offset wetland impacts included the purchase of 1.91 mitigation credits from Panther Island Mitigation Bank as permitted by SFWMD Permit No. 11- 02000 -P and USACE Permit No. 200003312 (IP -MN). A letter modification from SFWMD has been received for impacts to the xeric oak area and additional stormwater treatment has been required and is shown on the construction plans. Listed Species: No listed wildlife species were located on -site during the most recent surveys. In previous surveys, gopher tortoise burrows and the endangered Curtiss' milkweed (Asclepias curtissii) was observed on site. Curtiss' milkweed are sometimes only present underground and are difficult to distinguish from other vegetation even when they are in flower (Putz, Minno 1995). The entire scrub habitat west of the railroad line is proposed to be impacted as part of this SDP. The SFWMD and USACE permits both show no impacts to the scrub habitat on site. Those permitting processes include review and comments from the appropriate wildlife agencies. The applicant now proposes to impact much of this 1611 C 3 EAC Meeting Page 5 of 8 rare habitat so technical assistance from both the U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) has been sought. As of now, the following has been received from FWC: (We want a review and will provide comments after we see and understand the proposal. At a minimum the area to be impacted would need to be mitigated since it was set aside as preserve in the initial permit reviews. Xeric scrub s one of the rarest upland habitats in Collier County and its loss should be avoided and minimizes as much as possible; and mitigated if avoidance and minimization is not possible. As reported in my 1993 study of xeric habitats in southwest Florida for the Florida Academy of Sciences "In 1986, 1,031 to 1,161 acres of the xeric oak scrub remained in southwest Florida. Based upon the historical estimates, this represented only I% to 1.5% of the original extents of these habitats. Stated from a different perspective, 98.5% to 99% of the xeric oak scrub communities have been altered or removed by land development activities, based upon an analysis of suitable soil acreage known to support scrub vegetation. In 1986, Collier County contained approximately 665 to 798 acres of xeric oak scrub (approximately 68 % of the region's xeric oak habitats). Examination of the 1986 LANDSAT images reveals that the (Collier County) xeric oak scrub is concentrated on the Gulf of Mexico coastal ridge, along riverine drainages of the Cocohatchee River, and on the Immokalee Ridge. Coastal strand is found dominantly on state and county owned lands, such as the Delnor- Wiggins State Recreation Area, the proposed Key Island acquisition, Rookery Bay National Estuarine Research Reserve and the Ten - Thousand Islands in Everglades National Park. Scrubby flatwoods are notably present in the coastal ridge west of US 41, western Golden Gate Estates, northern ridges along Immokalee Road, and at Rookery Bay. " ) As part of the USACE permit, the FWS has approved an indigo snake management plan. This plan should be part of the SDP construction plans and implemented during construction. Technical assistance from the FWS has not been received at this time. Any required reduction of impacts or mitigation will be verified prior to approvals of the clearing plan. 1611 C 3 EAC Meeting Page 6 of 8 VII. RECOMMENDATIONS: Engineering: None Environmental: Environmental staff recommends approval of Site Development Plan SDP -2004- AR -4620, 41 T Corporation Industrial Facility only if the following conditions are approved: 1. To be consistent with CCME Policy 7.1.2, all areas of scrub habitat /xeric oak (FLUCFCS Code 421) must be removed from clearing plan and no site work is allowed in this area until all listed species requirements of FWS and FWC have been addressed and any required mitigation performed. 2. All preserve and habitat management plans must be on 24" x 36" sheets and part of the SDP construction plans. 3. Approved indigo snake management plan is required to be implemented prior to beginning any construction including site clearing. Name and contact information of qualified biologist who will be monitoring work must be supplied to Environmental Services staff at the pre - construction meeting. 4. Permanent conservation easements dedicated to the County will be required over preserves within 90 days of SDP approval or prior to CO of the building, whichever comes first. 1611 c EAC Meeting Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUSAN MASON SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE DAVID HEDRICH DATE PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1611 C 3 EAC Meeting Page 8 of 8 REVIEWED BY: BARBARA S.BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR STEVEN GRIFFIN DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR I. II. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 5 2005 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant /Developer: Engineering Consultant: Environmental Consultant: LOCATION: 1611 C 3 Planned Unit Development No. PUDZ -A- 2004 -AR -6126 Sabal Bay PUD WCI Communities, Inc. CDC Land Investments, Inc. RWA Consulting, Inc. Passarella and Associates, Inc. The subject property is comprised of 2,416 acres in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. In general the property is located south of Thomasson Drive, south and west of U.S. 41, north and west of Wentworth Estates PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels to the north and east, and primarily undeveloped land to the south, west and south east of the project site. Internal to the project are lands zoned VR- BMUD -R3, RSF -3, A and A -ST, most of which are undeveloped except for single - family residential units located at the north end of the in- holdings, near the southern terminus of Bayshore Drive. ZONING N - PUD (Naples Botanical Gardens) RMF -6- BMUD -R1 PUD (East Naples Community Park) R.O.W. DESCRIPTION Partially Developed Partially Developed Developed Thomasson Drive Item V.D. EAC Meeting Page 2 of 16 S- A -ST National E - R.O.W. PUD (Wentworth Estates) W - PUD (Hamilton Harbor) City of Naples IV. PROJECT DESCRIPTION: 1611 -C Rookery Bay Estuarine Research Reserve U.S. 41 Undeveloped Undeveloped Undeveloped A large portion of the subject property was originally rezoned to the Planned Unit Development zoning district as the CDC PUD, approved by the Board of County Commissioners on November 10, 1986. In conjunction with that zoning action, the Board of County Commissioners also approved the CDC DRI for the subject property, which has also been known as the Collier DRI and the Sabal Bay project. In a companion request, that DRI is proposed to be abandoned because the original DRI parcel has been divided into separate tracts and is being developed differently that originally planned. The Botanical Gardens PUD was carved out of what was the original CDC PUD and the Hamilton Harbor development has taken a different development path as well. Development of the Hamilton Harbor property, by mutual agreement, will be governed by the City of Naples rather than Collier County. The PUD is being amended now to add Agriculturally zoned property as shown on the petitioner's exhibit entitled, " Sabal Bay MPUD Zoning Map," that is included in the Application for Public Hearing, officially change the name of the project to Sabal Bay, and to reduce the intensity below the DRI thresholds. For example, the original PUD allowed development of 4,000 residential units; the current PUD document has reduced the residential component to allow 1,999 residential units. The project was approved as a mixed used project and would remain the same under the current proposal. Currently the Shoppes at Hammock Cove, a Publix grocery store- anchored shopping center with several developed or developing outparcels has been developed on site. Some transportation related improvements have been completed in conjunction with the requirements of the DRI Development Order and various agreements between the developer, the state and/or the county. 1611 C 3 EAC Meeting Page 3 of 16 The PUD is intended to allow development of a mixed use project that could have access points serving the project from US 41 (Tamiami Trail, East), Thomasson Drive and Bayshore Drive. Ultimately, access issues will be addressed as part of Site Development Plan application review. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located within the Urban Mixed -Use District — Urban Coastal Fringe Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Urban Coastal Fringe Subdistrict provides transitional densities between the Conservation designated area and the Urban designated area. Residential densities in this subdistrict are limited to a maximum of four dwelling units per acre, except as allowed by the Density Rating System. This subdistrict can accommodate a variety of residential and non - residential uses, including mixed -use planned unit developments. A portion of the proposed project lies within Mixed -Use Activity Center #17 near the corner of Thomasson Drive and US -41. The Activity Center concept is designed to concentrate new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create a focal point within the community. The commercial portion of the proposed Sabal PUD in Activity Center #17 is 58.14± acres. The agricultural piece to the southeast is 1.8± acres. To date, 87,038 square feet of retail has been developed (Publix Shopping Center 72,638 square feet plus Eckerd Drug Store 14,400 square feet. = 87,038 square feet). For the residential component, the Density Rating System in the FLUE indicates the site is eligible for three dwelling units per acre. The proposed project is also located within the Traffic Congestion Boundary, resulting in a one unit per acre (DU /A) reduction. Base Density 4 DU /A Traffic Congestion Area -1 DU /A Eligible Density 3 DU /A The proposed project total acreage of 2,416 ±, minus the f72± commercial acreage, yields 2,344± acres, from whence the residential density is calculated. The petitioner is requesting 1,999 dwelling units, thus yielding a density of 0.85± dwelling units per acre (1,999 dwelling units - 2344± non - commercial acres = 0.85 dwelling units per acre). 1611 C 3 EAC Meeting Page 4 of 16 This project is also subject to Policy 5.1 of the Future Land Use Element (FLUE). Policy 5.1 states: "All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the GMP (January 10, 1989) and found to be consistent through the Zoning Re- evaluation Program are consistent with the Growth Management Plan and designated on the FLUM series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this FLUE via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased. However, for these properties approved for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoning district is not increased. Further, though an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed -Use Subdistrict. The Collier Development Corporation Planned Unit Development (PUD), in Sections 4.02 -4.03 of the original PUD document approved by the Board of County Commissioners on November 10, 1986, contains references to the principal uses and structures for both the village center and the commercial district. FLUE Policy 5.1 maintains that, in order for a project to qualify as Consistent by Policy, the amount of commercial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased. The proposed Sabal Bay Village Center and commercial district's permitted uses and structures (e.g. amusement, recreation, health services, communication services, food stores, car washes, etc.) qualify as either a permitted or a conditional use in Section 2.03.02 of the LDC (C -1 to C -4). These uses and/or structures cannot increase in intensity from the existing Collier Development Corporation PUD, per limiting language of the PUD, thus the uses would meet the criteria of Consistent by Policy. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) and the PUD document to ensure the PUD document contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP 1611 C3 EAC Meeting Page 5 of 16 Transportation Element, Policies 5.1 and 5.2, and has offered no objection to the proposed PUD amendment. 1611 C3 EAC Meeting Page 6 of 16 GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required. The proposed uses are consistent with the property's future land use designation as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. Pursuant to Objective 2.4 and Policies 2.4.1 & 6.5.1, a copy of the Environmental Impact Statement has been provided to staff and the Rookery Bay National Estuarine Research Reserve for their review. In accordance with Objective 6.5 and Policy 6.5.2, proposed preserve areas have been located contiguous to the Rookery Bay National Estuarine Research Reserve. In accordance with Policy 6.1.1, 25 % of the existing native vegetation shall be retained on -site and set aside as preserve areas with conservation easements prohibiting further development. Pursuant to Policies 6. 1.1 & 7.1.2, preserve areas have been selected based on their utilization by listed species. Preserve areas are interconnected to adjoining off -site preserves and represent the largest contiguous area possible. 1611 C ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 19, 2005 — Special Meeting 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor I. Call to Order II. Roll Call III. New Business A. Presentations on "Reduction of Environmental Impact Relative to Construction Techniques" IV. Council Member Comments V. Public Comments VI. Adjournment Council Members: Please notifv the Environmental Services Department Administrative Assistant no later than 5:00 D.m. on September 15. 2005 if you cannot attend this meetina (403 - 2424). General Public: Any person who decides to appeal a decision of this Board will need a reco d of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proc dings is made, which record includes the testimony and evidence upon which the appeal is to be based. Fiala V Fialas Henning Coyle --- Z Coletta _Il'______ -_____ Misc. Combs: Date: >' f S item #:. /&-z / G ,3 Copies to: go 1611 C EAC Meeting Page 7 of 16 Habitat management and exotic vegetation removal /maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). Technical assistance /approval from the U.S. Fish and Wildlife Service ( USFWS) and Florida Fish and Wildlife Conservation Commission ( FFWCC) shall be required prior to Site Development Plan/Construction Plan approval, to allow for impacts /development within bald eagle nest protection zones. In accordance with Policy 7.1.2 (3), "agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan ". Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. A copy of the EIS has been forwarded to the USFWS and FFWCC for their review. Correspondence from the USFWS is included in the EIS. 1611 C 3 EAC Meeting Page 8 of 16 VI. MAJOR ISSUES: Stormwater Management: The Sabal Bay MPUD is located south of Thomasson Drive and west of Tamiami Trail in Collier County, Florida. The project is generally located within the Lely Main Canal Drainage basin. There are two existing drainage canals that serve existing developments upstream of the property that are either abutting the property or pass through the property. The Lely Main Canal passes through the property in a general northeast to southwest direction through the center of the property. The Lely Manor Canal is located along the southeastern property line. These existing canals will be maintained and convey off -site flows through and around the project in accordance with the Lely Area Stormwater Improvement Plan (LASIP). In addition to the two existing off -site inflows, there are commitments in prior development approvals that will be accommodated in the design of the project. These two planned inflows are the Avalon School Outfall and the Fern Street Relief Outfall. These facilities are needed to provide improved drainage for existing developments that were generally constructed prior to the implementation of current water management design criteria. Flows from Avalon School and Fern Street will be routed around the project and will not be accepted into the water management system. Within the project boundaries the existing and proposed drainage patterns are southwesterly into wetlands that sheet flow to Naples Bay. The stormwater management system for the project will be designed in accordance with the rules and regulations of the SFWMD. The proposed conceptual plan as presented herein is conceptual only and may be modified during the permitting process. The wet season water table elevations (control elevations) and dry season water table elevations as presented herein are subject to change and are based upon review of adjacent permits, extensive ground water data, and the permit application for the LASIP. The project has been preliminarily divided into eight major sub - basins with two, B -1 and B -2, further divided into minor sub - basins. Sub - basins B -IA, B -1B, and B -1C with control elevation (CE) = 4.0 are the northern most minor sub - basins with B -IA already permitted and constructed to discharge directly into the Lely Main Canal. Sub -basin B1 -B will discharge directly into the Lely Main Canal. Sub -basin B -1 C will discharge into sub -basin B -2A. Sub -basin B -2A with CE = 3.5 will discharge via control structure to the proposed Lely Main Spreader Lake with CE = 2.5. Minor sub -basin B -2B with CE = 3.5 will discharge via control 1611 C 3 EAC Meeting Page 9 of 16 structure to the propose Avalon School Outfall Canal. Again, please remember that this is conceptual based on approvals. Sub -basin B -3 and B -4 with CE = 4.0 are the eastern most sub - basins. They will discharge via control structure directly into the Lely Manor Canal along the northern boundary of Wentworth (Treviso Bay). Sub -basin B -5 with CE = 2.8 is located adjacent to the western boundary of Wentworth and is proposed to discharge via control structure to the Lely Manor Canal, which will ultimately discharge to the proposed Lely Manor West Spreader Lake. Sub -basin B -6 with CE = 2.8 is located west of B -5 and proposed to discharge southwesterly via control structure into the adjacent wetlands, which sheet flow to Naples Bay. Sub -Basin B -7 with CE = 2.5 is located immediately wet of the Lely Main Spreader Lake at the terminus of the Lely Main Canal. B -7 is proposed to discharge via control structure to the Lely Main Spreader Lake. Sub -basin B -8 with CE= 2.5 is the western most sub -basin and is adjacent to Hamilton Harbor. B -8 will discharge via control structure to the west into tidal wetlands that flow to Naples Bay. The water quality analysis modeling according to the Harper methodology is required for all projects of any consequence and will be performed as part of the permitting of this project through the SFWMD. Environmental: Site Description: The project site is approximately 2,416.08 acres in size and consists of a variety of upland and wetland habitat types. Non - native habitats on -site total approximately 178.04 acres and include an existing commercial shopping center at the southwest corner of the intersection of U.S. 41 and Thomasson Drive, open water bodies and agricultural land/cleared land. Major native habitat types on the property include mangroves, pine flatwoods and cypress /pine /cabbage palm. Also on -site are unique habitats described as scrubby pine flatwoods, xeric oak and live oak. A complete listing of the habitats on -site is provided in Table 1 on page 3 of the EIS. Wetlands: The project contains approximately 1,494.53 acres of South Florida Water Management District (SFWMD) /Collier County jurisdictional wetlands and approximately 52.19 acres of Other Surface Waters (OSW). Wetlands on -site consist of both saltwater and fresh water systems, including mangrove swamp, cypress, wetland shrub, mixed wetland forest, hydric pine flatwoods, wax- 1611 C 3 EAC Meeting Page 10 of 16 myrtle /willow, cypress /pine /cabbage palm, mixed wetland hardwoods, willow, fresh and saltwater marsh, wet prairie, cabbage palm and saltern. Also on -site are open water systems and exotics dominated habitats. Construction of the project will result in wetland impacts to approximately 460 acres of on -site jurisdictional wetlands and approximately 12 acres of OSW. The wetland mitigation plan for the project preserves approximately 1,256.24 acres of native habitat on -site (52% of the project site). Mitigation involves enhancement and preservation of 1038.20 acres of wetlands and 177.62 acres of uplands, and preservation of 40.42 acres of OSW. Wetlands with greater than 50 percent coverage by exotic vegetation are generally located on the north and eastern portions of the property, with the level of exotic infestation generally decreasing towards the southwest portion of the property. Since the site plan was designed to avoid impacts to higher quality wetlands, development is generally located on the eastern portion of the property and along U.S. 41. As part of the plan, native upland buffers and preserves will be located adjacent to proposed wetland preserves. Where road crossings separate preserves, wildlife crossings under the roads to facilitate the movement of wildlife between preserves are proposed. Proposed preserves connect to preserves off -site on adjoining projects and to Rookery Bay National Estuarine Research Reserve (See EIS Exhibit 10). Adjacent projects with preserves abutting the project site include the Naples Botanical Gardens PUD, Hamilton Harbor PUD, East Naples Community Park and Wentworth Estates PUD. Seasonal water elevations for preserved wetlands will be maintained by routing surface water flows from proposed development areas through stormwater management facilities into the wetland preserves. Treated stormwater will discharge into wetland preserves as far upstream as possible. Control elevations for the stormwater management system will be established based on elevations of biological indicators of wetland water levels. These design features will ensure that surface water levels within preserved wetlands are maintained and length of inundation improved. Elevations for wetland water level indicators are provided in section 3.8.5.5 (B) of the EIS (page 24). Preservation Requirements: The site plan was designed to preserve higher quality habitats on -site and to locate development in former agricultural land and in lower quality exotic infested habitats. Specifically, the site plan minimizes impacts to saltwater wetlands on -site. Preserves are also designed to protect as much of the higher quality scrub where feasible. In accordance with section 3.05.07 of the Land Development Code and Policy 6.1.1 of the Growth Management Plan, areas known to be utilized by listed species or that serve as corridors for the movement 1611 C 3 EAC Meeting Page 11 of 16 of wildlife through the site shall be given priority when selecting preserves. Listed species utilization by habitat preserved is provided as Exhibit 29 in the EIS. Exhibit 12 in the EIS identifies the location of proposed preserves along with eagle nest and gopher tortoise burrow locations. In total, the project site is approximately 2,416.08 acres in size, of which approximately 2,238.07 acres have been identified as native vegetation. In accordance with the LDC and GMP, 25% (.25 x 2,238.07 = 559.52 acres) of the existing native vegetation on -sire is required to be retained. This requirement is satisfied by the 1256.24 acres of Preserves identified on the PUD master plan. Listed Species: Listed wildlife species observed on the subject property include American alligator (Alligator mississippienis), gopher tortoise (gopherus polyphemus), snowy egret (E_gretta thula), white ibis (Endocumis albus) and bald eagle (Haliaeetus leucocephalus). In addition, five listed plant species, butterfly orchid (Encyclia tampensis), inflated wild pine (Tillandsia balbisiana), stiff leaved wild pine (Tillandsia fasciculata), giant wild pine (Tillandsia utriculata), and narrow strap fern (Campyloneurum angustifolium), were observed on the property. Details of the listed species surveys /findings /etc are provided in section 3.8.5.7 (page 29) and in Exhibits 21 -32 of the EIS. Active gopher tortoise burrows have been observed on the project site in association with pine flatwoods, scrubby pine flatwoods and xeric oak habitats. A specific gopher tortoise survey was conducted during the month of August, 2004. The survey identified a total of 708 gopher tortoise burrows (444 active & 264 inactive) within the project site. Accounting for survey coverage, the total number of active and inactive gopher tortoise burrows on the project site is estimated to be 804. The estimated tortoise population on the project site is calculated to be 327. The project will preserve 68 acres of suitable gopher tortoise habitat on -site. This includes the preservation of 51 acres of scrub habitat. Relocation of gopher tortoises to on -site preserves will not exceed a maximum population density of up to five tortoises per acre as required by the LDC. Four bald eagle nests have been identified on or adjacent to the subject property. These include bald eagle nests Co -009, CO -009A, CO -024A and CO -028. Three nests are located in slash pine trees, while one, active this past season, is located in a cypress tree. Two of the four eagle nests were active during the 2003 -2004 season (CO -009A & CO- 024A). Bald eagle nest CO -009 was last active during the 2000 -2001 season. 1611 EAC Meeting Page 12 of 16 A fifth bald eagle nest historically occurred on the property. Bald eagle nest CO- 024 was located in a pine tree approximately 1,000 feet southeast of bald eagle nest CO -024A. Nest CO -024 was documented as fallen from the tree on May 21, 2002. The nest has not been rebuilt during the last three nesting seasons. Under the Habitat Management Guidelines for the Bald Eagle in the Southeast Region ( USFWS 1987) nest CO -024 is considered "lost" as of completion of the 2004- 2005 nesting season. As such, the USFWS nest protection zones no longer apply. The lost nest determination is based on more than two consecutive breeding seasons of loss of the nest. The applicant is in the process of obtaining confirmation from the USFWS for the lost nest determination. No residential, commercial or golf course construction is proposed within the 750 foot primary nest protection zones for active eagle nests on -site. Construction of stormwater management lakes no closer than 500 feet to the nest trees is proposed. Proposed activities within the 1,500 foot secondary nest protection zones include residential development (not to exceed 50 feet in height) and golf course. Since the Habitat Management Guidelines for the Bald Eagle in the Southeast Region restrict residential, commercial and industrial development, tree cutting, logging, and construction and mining within the primary nest protection zone, technical assistance from the USFWS and FFWCC shall be required prior to Site Development Plan/Construction Plan approval. One abandoned red - cockaded woodpecker (RCW) cavity tree was observed in pine flatwoods habitat in the central portion of the property. A 14 day nesting season survey and a 14 day non - nesting season survey for RCWs were conducted on the property from April 20 through May 3, 2004 and October 15 through 28, 2004, respectively. No RCWs were observed or heard on the property. American alligators were observed in open water habitats on the property. Four potential American alligator nests were observed on the southern most portion of the project site in association with mangroves and mixed wetland forest. White ibis and snowy egret were observed on the project site in association with the drainage canal. No nesting sites for these species were observed. The Florida Atlas of Breeding Sites for Herons and Their Allies list no bird rookeries on the subject parcel. The nearest recorded bird rookery site is No. 620022 located along the east side of Collier Boulevard in Rookery Bay, approximately three miles away in Section 9, Township 52 South, Range 26 East. 1611 -C EAC Meeting Page 13 of 16 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ- A -2004- AR -6126 "Sabal Bay PUD" with the following conditions: Stormwater Manazement: This project must obtain all applicable Federal, State, and local permits. Environmental: Add the following conditions to section 8.7 of the PUD document. Upon receipt of technical assistance from the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC), all proposed improvements may be required to be removed from the Bald Eagle Primary Nest Protection Zone. Approximately 60 acres of the project site are identified as old agricultural operation. Soil sampling within this former agricultural area shall be required at the time development is proposed within these areas. Sampling shall provide soil analysis for herbicides, pesticides and heavy metals. Measures needed to clean up the site shall be addressed prior to site plan/construction plan approval. 2. The bald eagle management plan shall be included as an exhibit attached to the PUD document. 3. Amend section 8.7 (C) of the PUD document to read as follows. All preserve areas shall be placed under conservation easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. 4. Replace section 8.7 (B) of the PUD document with the following condition. 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. 161 1""C 3 EAC Meeting Page 14 of 16 5. Amend section 8.7 (E)(2) of the PUD document to read as follows. If the eagles relocate to a tree that is not located on the subject property and the primary and secondary protection zones of the tree are located entirely outside of any area of the PUD proposed for any type of development; then the bald eagle management plan shall be administratively updated to reflect any of the following: new nest location; new primary zone location; new secondary zone location. If the eagles relocate to a tree and the primary or secondary protection zones of the tree are located on any area of the PUD proposed for any type of development; then the bald eagle management plan shall be amended and shall require a PUD amendment including public hearing before the Environmental Advisory Council (EAC), Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC). 1611 "C EAC Meeting Page 15 of 16 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, AICP DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 1611 C EAC Meeting Page 16 of 16 REVIEWED BY: BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT STEVE GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: DATE JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 1611 C 3 Item V. C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF October 5, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: PUD Rezone, No. PUDZ- 2005 -AR -7422 Petition Name: Wolf Creek PUD Applicant/Developer: Prime Homes, Inc. Engineering Consultant: Q. Grady Minor and Assoc. Environmental Consultant: Hoover Planning & Development, Inc. II. LOCATION: The subject property is located approximately 1/2 mile west of Collier Boulevard (CR 951), on the north side of Vanderbilt Beach Road (CR 862). The petition would add 30.41 acres for a total of 178.1 acres to be contained within the Planned Unit Development. The subject property is located in Section 34, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed Planned Unit Development (PUD) is bordered by the Island Walk DRI to the west, Palermo Cove PUD to the north, the proposed Sonoma Oaks PUD and the Mission Hills PUD to the east, and by Carolina Village PUD to the south. Most of the neighboring uses will be residential development. Both the Carolina Village PUD and the Mission Hills PUD permit commercial development. ZONING North: Palermo Cove PUD East: A, Mission Hills CPUD South: Carolina Village CPUD West: Island Walk DRI DESCRIPTION Future residential Future residential, commercial Future commercial Residential IV. PROJECT DESCRIPTION: The proposed PUD Amendment would add 30.41 acres to the existing Wolf Creek PUD for a new total of 178.1 acres in this district. The amendment seeks to add an additional 117 dwelling units, for a new maximum development potential of 708 dwelling units. The petition, if approved, would reduce the maximum allowable height of multi - family dwellings from three stories to two stories, not to exceed 38 feet. It would also eliminate nursing homes, private schools, adult living facilities and churches as allowable uses within the PUD. V. GROWTH MANAGEMENT PLAN CONSISTENCY: 1611 C 3 EAC Meeting 10105105 — Wolf Creek PUD Page 2 of 8 Future Land Use Element: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Sub district) on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non - residential uses, including Planned Unit Developments. Relevant to this petition, this Sub district permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU /A) and limited to a maximum of 16 DU /A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore, the site is eligible for 4 DU /A. The requested density is 3.98 DU /A. Per FLUE Policy 7. 1, access to the project has been provided via Vanderbilt Beach Road. With regard to FLUE Policy 7.2, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads. FLUE Policy 5.4 requires that all new developments are compatible with and complimentary to the surrounding land uses. The Comprehensive Planning Department leaves this determination to the Zoning and Land Development Review Dept. staff as part of their review of the petition in its totality. Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. Conservation & Coastal Manazement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of runoff leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during and after storm events. The project will meet some of the requirements of Goal 6 of the Conservation & Coastal Management Element (CCME) regarding retaining and or preserving 25% of the viable naturally functioning native vegetation on -site, including both the under -story and the 1611 � 3 EAC Meeting 10/05/05 — Wolf Creek PUD Page 3 of 8 groundcover. Twenty -five percent (25 %) of the existing naturally functioning native vegetation is 32.80 acres. However, the preserve selection does not emphasize the largest contiguous areas possible. The indigenous vegetation was preserved with fox squirrel habitat having the first priority (not yet confirmed by FFWCC); followed by wetlands with a functionality of higher than .7 UMAM (not yet confirmed by SFWMD). Approximately 98% of onsite wetlands are being preserved. VI. MAJOR ISSUES: Storm water Management: The addition of these contiguous tracts to the existing Wolf Creek PUD allows for a more efficient storm water collection, treatment and discharge system. The expanded storm water management system must be reviewed, approved, and permitted by the South Florida Water Management District prior to the issuance of any approvals for Site Development Plans or Plats / Plans. Environmental: The Wolf Creek PUD has provided a preserve in the north part of parcel 2 in order to tie into a major wetland flow -way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. The applicant states in the EIS, "that the upland corridor has been provided along the west and north of parcel 313 in the Wolf Creek PUD in order to provide a connection between the large wetland preserve on parcels 4 & 11 and the aforementioned flow -way to the north for wildlife." However, County review staff comments state, "If claiming that it will function as a wildlife corridor, then provide correspondence from FWC that states the proposed preserve will function as a wildlife corridor." That correspondence has not been provided. The applicant states on page 14 of the EIS that the corridor provided on parcels 2, 3A, and 313, "... will allow wildlife the possibility of moving between wetland preserves within the project and to wetland preserves on the adjacent projects to the north." However, on page 36 of the EIS the applicant states, "Squirrels such as gray or Big Cypress fox squirrels may use the property. No other listed species have been observed." There were five Protected Species Surveys done on various parcels on April 1, 2002; April 4, 2003; February 6, 2004; March 10, 2005; March 23, 2005. One of the five surveys prepared on April 4, 2003 indicated a single Big Cypress Fox Squirrel was seen along Wolfe Road just outside of the area of the proposed fox squirrel preserve. As requested, the applicant has not provided written technical assistance from the State or Federal agencies stating that the provided wildlife corridor is wide enough, sufficient, or appropriately located for the Big Cypress Fox Squirrel that may exist on the property. Site Description: 1611 "C wi so EAC Meeting 10105105 — Wolf Creek PUD Page 4 of 8 The property contains about 131.18 acres of native vegetation. This includes Palmetto Prairie (1.42 ac), Pine Flatwoods (48.65 ac), Cypress (9.63 ac), Drained Cypress (6.67 ac), Cypress with Melaleuca (1.68 ac), and Pine /Cypress /Cabbage Palm (63.13 ac). Wetlands: Wetland jurisdictional lines have been provided for all but one parcel in the PUD (parcel 11). There are approximately 11.31 acres of Collier County & SFWMD jurisdictional wetlands on the property. Within the Wolf Creek PUD, 148 acres is covered by 3 separate SFWMD wetland jurisdiction lines done at different times. Wetland jurisdictional requests were made to the SFWMD in February of 2005 for the parcels being added to the PUD (parcels 9, 10, & 11). A wetland jurisdictional was conducted on parcels 9 & 10 on June 13, 2005 by Krista Gentile. South Florida Water Management District found no jurisdictional wetlands and will be sending written confirmation. The project proposes approximately 0.25 acres of impact to wetlands on the property which equates to 2.2% of onsite wetlands. Preservation Requirements: The PUD requires preservation of 25% (32.8 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95% (31.3 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100 %) of the Palmetto Prairie, 43.48 acres (85.7 %) of the Pine Flatwoods, .25 acres (2.5 %) of Cypress, 6.13 acres (92 %) of the Drained Cypress, and 47.10 acres (74.6 %) of the Pine /Cypress /Cabbage Palm. Listed Species: The EIS states, "Squirrels such as gray or Big Cypress fox squirrels may use the property. No other listed species have been observed." Regarding correspondence with other agencies, the EIS states, "No correspondence has been received from the FWC or the USFWS. The FWC had opportunities to express any concern with the project during the ERP process by commenting on the SFWMD permit." However, the SFWMD permit only covers Parcels 4, 5, 6, 7, and 8. The Big Cypress Fox Squirrel observed was seen on Parcel 3A. Therefore, the FWC has had no opportunity to comment about the sufficiency of the width of the Wildlife corridors provided by the applicant. VII. RECOMMENDATIONS: 1611 C EAC Meeting 10/05/05 — Wolf Creek PUD Page 5 of 8 Storm water Management: A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval. Environmental: 1. For the following reasons, Collier County staff recommends denial of this project: a. An approved SFWMD Wetland Jurisdictional Line has not been provided for parcel 11. The SFWMD Environmental Resource Standard General Permit only shows parcels 4, 5, 6, 7, and 8. Parcels 1, 2, 3, 9, 10, and 11 are not included in the SFWMD permit; however Parcel 11 is the only parcel with wetlands that have not been delineated by SFWMD. Therefore, in accordance with Policy 6.2.6., Collier County staff cannot make a determination of the wetland preservation areas at this time. Please refer to Policy 6.2.6 below: Policy 6.2.6: Within the Urban Designation and the Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. b. SFWAM accepted UMAM (Wetland Functionality) scores have not been provided for Parcel 11. These scores are what Collier County staff uses to determine if this is a high quality wetland that would fulfill our Preserve criteria in Policy 6.1.1. Therefore, Collier County staff cannot make a determination in accordance with Policy 6.2.6. of the native preservation areas at this time. Please refer to Policy 6.2.6 above. c. The Preserve selection shown on the PUD Master Site Plan, specifically on Parcels 2 and 3 is not in accordance with Collier County LDC section 3.05.07. A. 1. , which states that the largest contiguous area possible be preserved. However, the applicant maintains that these strip Preserves are designed as such for a EAC Meeting 10/05/05 — Wolf Creek PUD Page 6 of 8 1611 -C3 wildlife corridor for the Big Cypress Fox Squirrel. Collier County has not received any technical assistance from FFWCC or USFWS stating that these Preserves are sufficient or if they will even function as a wildlife corridor. Therefore, Collier County staff cannot make a determination of whether this Preserve selection is in accordance with our GMP and LDC at this time. 2. If the Environmental Advisory Council does not propose a denial and recommends approval, then staff recommends that the following conditions be included in their recommendation: a. The final location of the Preserves is tentative. Upon submittal of an approved Wetland line for Parcel 11, accepted UMAM scores, and a letter from the agencies stating the proposed wildlife corridors are required and sufficient, the PUD shall be obligated to identify the boundaries of the final preserves; they shall be consistent with the priorities in the CCGMP and CCLDC. More impacts to high quality wetlands with a UMAM score of greater than .7 or if technical assistance from the agencies does not support the selection of Preserves as a wildlife corridor for Big Cypress Fox Squirrel then an amendment to the PUD will be required. Amendments to the Master Plan shall require a PUD amendment including a public hearing before the EAC, CCPC, and BCC. PREPARED BY: EAC Meeting 10/05/05 — Wolf Creek PUD Page 7 of 8 STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER SUMMER B. ARAQUE ENVIRONMENTAL SPECIALIST HEIDI WILLIAMS PRINCIPAL PLANNER 1611 C 3 "� DATE DATE DATE EAC Meeting 10105105 — Wolf Creek PUD Page 8 of 8 REVIEWED BY: BARBARA S.BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E., DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT STEVEN GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: 1611 `C 3 DATE DATE DATE JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Proposed Action Plan Implementing Various Changes to Environmental Provisions of the Growth Management Plan and Land Development Code September 2005 1611 C3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC Overview In June 2002, the County adopted a series of comprehensive Growth Management Plan (GMP) amendments that were responsive to the 1999 Governor and Cabinet's Final Order to bring the County's GMP into compliance with State requirements. The Final Order required the County to develop policies that "direct development away from wetlands and upland habitat to protect water quality, quantity, and natural water regime and to protect listed species and their habitat." These protections measures, while they may vary from one area of the County to another based upon the types, values, functions, sizes, conditions and locations of wetlands, and habitat areas, had to be applicable throughout the County. While the Final Order identified the Rural & Agricultural Assessment as the process by which these policies were developed, protection policies had to be applicable throughout the County. Thus the County adopted what were then termed as minimum standards for the entire County, including the Urban designated area. Subsequent to implementing the GMP amendments and associated LDC provisions, County staff has applied the requirements to projects that have been submitted for review. During this time numerous examples have arisen where these provisions have been difficult to apply. Some of these difficulties have arisen from imprecise language. In other situations, the resulting outcomes could have been better with other criteria, especially in the Urban Area where much of the development is infill in nature. In any case, these examples point to the need to review the current GMP and LDC requirements and to recommend better language or different approaches. There are a number of areas where improvements can be made to the existing GMP and LDC, either to provide for a better outcome or to improve our efficiencies in the review process. These improvements are categorized as follows: 1. Allowing stormwater in Preserves, 2. Providing for off -site preservation alternatives to meet on -site vegetation retention requirements, 3. Establish more workable criteria to determine when creating preserves on site will be allowed in lieu of preserving existing vegetation, 4. Evaluating the need for conservation easements in all situations where preserves are to be established, 5. Reducing the scope of Environmental Impact Statements (EIS) or the types of projects requiring EISs. The purpose of this paper is to outline the problems encountered with applying the GMP amendments and LDC provisions, identify possible solutions, and provide an action plan to implement the recommendations. Page 2 of 11 1611 C 3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC Summary of Improvements 1. Allowing Stormwater in Preserves Problem Statement GMP Policy 6.1.1(5) of the CCME states that: "Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. " LDC Section 3.05.07.H. Lh. (Allowable uses within preserve areas) provides for the implementing regulations for this CCME Policy 6.1.1(5) and states: Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.l.c. Fences and walls are not permitted within the preserve area. These regulations specify criteria as to what can be allowed in preserves. Staff has been applying the above provisions to disallow the use of a preserve to function as a stormwater management system or part thereof since the GMP and LDC language addresses the allowable use (passive recreational uses) and does not specify a listing of prohibited uses. However, staff has allowed stormwater into wetland preserves where the stormwater can be shown to be important to re- hydrate the wetland for the continued success of the preserved area and received approval from the SFWMD. This is consistent with the requirement for a preserve management plan that is required to identify actions that must be taken to "ensure that the preserved areas will function as proposed" (Policy 6.1.1(6)). Applicants have been requesting the ability to introduce stormwater into preserves. An opportunity does exist for stormwater /stormwater systems to be appropriately incorporated into both wetland and upland preserves. Criteria could be established to ensure that (1) the preserve is not "harmed" by the stormwater and (2) that the combined preserve /stormwater system ensures a higher degree of water quality improvement than minimally required for stormwater discharged offsite. It should be noted that the SFWMD is in the process of adopting a rule establishing supplemental water quality criteria for Environmental Resource permits issued in the Southwest Florida Basin. These criteria will require projects to provide 50% more retention/detention water quality treatment that that currently required. It will also require the project to implement several Best Management Practices (BMPs) from an approved list of BMPs. County staff are following this effort to ensure that our proposed Page 3 of 11 1611 C 3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC amendments are consistent with and do not conflict with the SFWMD's proposed rules. Some of these BMPs also address created wetlands and marshes. These BMPs could also be incorporated into the criteria for Recreated Preserves as noted below. Recommendations Staff has already drafted working GMP language for allowing stormwater in preserves. More detailed criteria will be needed to apply this to the LDC. The detailed criteria will need to address the following: a. Stormwater treatment prior to the Preserve. Standards should be established to provide for an appropriate degree of treatment of the stormwater prior to its discharge to a preserve. The SFWMD has proposed the use of sediment trap structures as a stormwater conveyance and pretreatment BMP. To be consistent with the SFWMD proposals, the County could require this type of BMP for treating stormwater prior to discharge to a preserve. b. Defining "no adverse impact" to the Preserve. Criteria will need to be established to define "no adverse impact" to preserves. This task will not be easy. It could be as simple as providing a list of native vegetation communities and soil types that would not qualify for accepting stormwater. More complex criteria could include the specification of hydrologic/hydroperiod criteria, e.g., the applicant shall demonstrate that an "x" year storm will not result in water elevations deeper than "y" feet for more than "z" hours. 2. Offsite Preservation for Native Vegetation retention requirements Problem Statement Within the Urban area, the GMP does not allow the offsite preservation of any portion of the required native vegetation that is required to be retained. This is not the case for the Rural Fringe Mixed Use District (RFMUD). For the RFMUD, CCME Policy 6.1.2(7) allows for off -site preservation for satisfying a portion of the vegetation retention requirements: a. Within Receiving and Neutral Lands, off -site preservation shall be allowed for up to 50% of the vegetation retention requirement. 1. Off-site preservation areas shall be allowed at a ratio of 1:1 if such off -site preservation is located within designated Sending Lands or at a ratio of 1.5:1 anywhere else. 2. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. b. Within non -NRPA Sending Lands, of-site preservation shall be allowed for up to 25% of the site preservation or vegetative retention requirement, whichever is controlling. 1. Off -site preservation areas shall be contiguous to designated Sending Lands and shall be allowed at a ratio of 3:1. c. Off -site preservation shall not be allowed in NRPA Sending Lands. Within the Urban Area, there is a need to allow for some of the native vegetation retention requirements to be satisfied by ways other than requiring the preservation to occur on site. Such an allowance would provide for additional flexibility in site design, Page 4 of 11 1611 C 3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC especially critical for smaller sites. In some cases, the application of the required percentages may result in a preserve area so small that it begs the question as to whether the area provides any appreciable environmental benefit. In other cases, flexibility could assist in other environmental benefits such as increased stormwater treatment areas as noted above. Recommendations Staff has reviewed some approaches to provide for appropriate off -site preservation alternatives. A brief description of these approaches is described below: a. Establish a minimum size threshold for required on -site preservation. Currently staff is working with the recommendation that the required on -site preservation areas should be more than one (1) acre. (This size could change based on further research and public input.) This will allow more flexibility for smaller sites and recognize that small preservation areas have less ecological benefit than larger areas. As an example, Figure 1 shows under what circumstances that off -site preservation alternatives could be used for commercial land uses assuming current native retention requirements and a 1 -acre threshold for on -site preserve areas. Providing on -site preserve areas smaller than the specified threshold will be allowed if proposed by the applicant. b. Offsite preservation requirements/Payment to the Conservation Collier Program. Staff has evaluated two options for offsite alternatives to include purchase of land off site and a cash payment to the Conservation Collier Program. The current proposal is to limit the off -site alternatives to a cash payment instead of purchase of off -site lands. Staff considers the cash payment as being a more efficient and simplified process. The value of the payment would be based on the cost to Conservation Collier for acquiring land and the cost of subsequent land management. d. Affordable Housing. Staff is currently evaluating the ability for qualified affordable housing to satisfy up to 50% of the required native vegetation requirement to be preserved using the proposed offsite alternatives. e. Essential Services /Publicly Owned ROW. Staff is recommending that the entire vegetation retention requirement be satisfied by the offsite alternative. Action Plan All of the above proposals will require a GMP amendment and then subsequent LDC amendments to implement the GMP. 3. Criteria for evaluating requests to recreate vegetation Problem Statement Within the Urban Area, CCME Policy 6.1.1(7) provides for exceptions to the native vegetation retention requirements: Exceptions, by means of mitigation in the form of increased landscape requirements shall be granted for parcels that cannot reasonably accommodate both the preservation area and the proposed activity. Criteria for allowing these exceptions include: Page 5 of 11 1611 C September 2005 Action Plan to Address Environmental Changes in the GMP and LDC (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements can not be relocated as to protect the existing native vegetation; (c) Where native preservation requirements are not accommodated, the landscape plan shall re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. Staff's intent in drafting the language was to allow the required native vegetation to be created on site if the existing vegetation would be harmed (a) or where site improvements cannot be relocated (b). The ability to recreate preserves on site is also addressed in LDC Section 3.05.07.H.1.e. where additional criteria allowing creating the preserves was identified: Created preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on -site preserve area and the proposed activity. L Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements cannot be accommodated, the landscape plan shall re- create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. These areas shall be identified as created preserves. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may .fulfill all or part of the native vegetation requirement when preserves are planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 112 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 112 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. ()9 When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. ii. Required Planting Criteria: (a) Where created preserves are approved, the landscape plan shall re- create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. Such re- vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft. mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be Page 6 of 11 1611 C 3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plant material are better suited for re- establishment of the native plant community. (b) Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation; (3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05.07H.1. b. (d) All perimeter landscaping areas that are requested to be approved to full the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. Although some detailed criteria is specified in the LDC (3.05.07.H. Le. i. (a) — (f) and 3.05.07.H. Le .ii. (b) (1) — (2)), the phrase "cannot reasonably accommodate" brings into question as to when and to what degree a project can recreate preserve areas. More precise language of this GMP Policy and LDC Section addressing recreated preserves is required. Guidelines for when recreated preserves are appropriate need to be more explicitly stated. Recommendations This has been a difficult problem to address. The intent of the current policy is to recognize that there are conditions that may exist for a particular site where the application of the native vegetation retention criteria could entirely prohibit the site's development or severely limit the use of the site. The GMP policy and LDC provisions attempted to establish some criteria for staff to determine want could be recreated to provide this flexibility. The wording of the policy has been problematic and has been found to be difficult to apply. Two basic approaches to rectify this problem can be identified. One approach is to establish more specific criteria for staff to apply on each project. The problem with this approach is that there are a myriad of conditions that may be presented which the criteria would not apply; it is virtually impossible to anticipate all valid conditions where recreation is appropriate. Another approach would be to create a variance /appeal procedure where an applicant can dispute a staff decision. The variance would also have general criteria to apply, but this process would result in a public decision. The current recommendation is to propose more precise language for staff to apply in allowing for recreation under certain circumstances and to craft a variance process to allow for recreation of native vegetation. Components of this process would include: 1. More precise criteria for staff to apply that would allow for recreation to occur. Current working draft language specifies the criteria for where other requirements of the GMP, land development regulations, including the location of transportation access points, or other County, Federal or State mandates require specific site improvements that can not be re- located to meet the requirements of the vegetation retention policy. Page 7 of 11 1611 C September 2005 Action Plan to Address Environmental Changes in the GMP and LDC 2. Creation of a variance process. Staff will recommend a specific variance process to be included into the current LDC. The purpose of the process would be to create a process where a higher administrator, formal advisory committee, or BCC could review information and adopt a finding for a specific project that it could not reasonably accommodate both the required on -site preserve area and the proposed activity. The process would also result in a decision for what has to be retained and what can be recreated. 3. The goal will be to adopt criteria that will minimize the number of projects needing to go through the variance procedure. Also, the provisions for allowing vegetation retention requirements to be met with off site alternatives should be considered in any changes to the recreation criteria. Action Plan It may be possible to create the LDC amendments prior to any GMP amendments to further define how the County will apply the current phrase "can not reasonably accommodate both the required on -site preserve area and the proposed activity." This would then allow staff to address this issue in a timelier manner. Staff would still amend the GMP to further clarify any remaining issues. 4. Conservation Easements Problem Statement CCME Policy 6.1.1(3) requires a conservation easement placed over the preserve area that fulfills the required native vegetation retention requirement: Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas. All on -site or off -site preserve areas shall be identified as separate tracts and protected by a permanent conservation easement to prohibit further development, consistent with the requirements of this policy. Applying this policy has necessitated staff to create an extensive process to create and verify the legal documentation. Staff would like to determine if there are other less costly and more efficient alternatives than identifying the preserve areas as "separate tracts" and to recommend LDC criteria as to when these mechanisms can be applied. Action Plan All of the above proposals will require a GMP amendment and then subsequent LDC amendments to implement the GMP. 5. Reduced thresholds for requiring an EIS and associated review procedures Problem Statement CCME Policy 6.1.8 provides for an Environmental Impact Statement (EIS) to 'provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the Page 8 of 11 ,oil l; 3 _, September 2005 Action Plan to Address Environmental Changes in the GMP and LDC community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community ". Projects include: 1. Any site with an ST or ACSC -ST overlay, or within the boundaries of NRPAs. 2. All sites seaward of the Coastal High Hazard Area boundary that are 2.5 or more acres. 3. All sites landward of the Coastal High Hazard Area boundary that are ten or more acres. 4. Any other development or site alteration, which in the opinion of the development services director, would have substantial impact upon environmental quality. The EIS may be waived for agricultural uses and for any land or parcel of land has been so altered as to have irreparable damage to the ecological, drainage, or groundwater recharge functions; or that the development of the site will improve or correct the existing ecological functions or not require any major alteration of the existing landforms, drainage, or flora and fauna elements of the property. For the purpose of this policy, major alteration shall mean greater than 10% of the site. Although the February 2004 LDC amendments implementing the GMP significantly streamlined the LDC requirements for the content of an EIS, the cost of preparing and time for reviewing an EIS is still considerable. We should review the situations in which we are requiring an EIS and further explore streamlining the content of an EIS in order to reduce the time of preparation and reviewing EISs. Recommendations Staff recommends that the EIS requirements be streamlined to cover those projects where the EIS is truly needed and to make recommendations that will limit the requirement for an EIS for projects that do not have a significant impact. Amendments to the GMP and LDC will be necessary for this to occur. Action Plan All of the above proposals will require a GMP amendment and then subsequent LDC amendments to implement the GMP. Page 9 of 11 1611 C 3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC Schedules As noted above, some of the proposed changes will require amendments to the GMP. Staff has prepared amendments to meet the for the EAR Amendment schedule that is summarized below. For those changes that do not require GMP amendments, staff anticipates making the appropriate revisions to the LDC according to the tentative schedule for Cycle 12006 LDC amendments. GMP Amendments (EAR Schedule) • Staff Development /Stakeholder Review • EAC Review for Transmittal • CCPC Review for Transmittal • BCC Transmittal Hearing • EAC Review for Adoption • CCPC Review for Adoption • BCC Adoption Hearing • Amendments become Effective LDC Amendments (2006, Cycle 1) - -- Tentative • Staff Development /Stakeholder Review • Staff Review Draft • EAC • CCPC • BCC Page 10 of 11 October - December 2005 January 2006 February 2006 March 2006 June 2006 July 2006 August - October 2006 December 2006 October - December, 2005 January 2006 February/March 2006 March/April 2006 May /June 2006 x.611 C 3 September 2005 Action Plan to Address Environmental Changes in the GMP and LDC Figure 1. Conditions under which Preserves are required on site for Residential and Mixed Uses assuming the On -site Preserve Requirement is 1 or more acres. Residential and Mixed -use Non - Coastal High Hazard Area Preserve Area greater or equal to acre Page 11 of 11 10 U, AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 20, 2005, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 TESTII ONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES Fiala Halas Henning Coyle L/ Coletta 5. APPROVAL OF MINUTES — SEPTEMBER 15, 2005, REGULAR MEETING 6. BCC REPORT- RECAPS —SEPTEMBER 27, 2005, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Petition: BD- 2005 -AR -7848, John Pollman, represented by Quin Kurth, of Turrell and Associates, is requesting a 4 -foot boat dock extension from the allowed 20 feet for a protrusion of 24 feet into a waterway as measured from a new seawall that will align with existing seawalls. The subject property is located at 574 Coconut Avenue, Goodland Isles Lot 31, Block A, in Section 18, Township 52 South, Range 27 East, Goodland, Florida. (Coordinator: Joyce Ernst) B. Petition: BD- 2005 -AR -7970, James M. and Eileen L. Boswell, II, represented by Miles L. Scofield of Scofield Marine Consulting, is requesting a 22 -foot boat dock extension allo a total protrusion of 42 ft into a waterway as measured from the property line. The subject prope at 26P Third Street West, Bonita Springs, in Little Hickory Shores Unit 3 Replat, Lot 10 —Block �, �ct q� Township 48, Range 25, Collier County, Florida, (Coordinator: Joyce Ernst) uu8� L! Item #: -j-f t✓ 1 Copies to: 1611 C C. Petition: CU- 2003 -AR -4647, Mitchell D. House, represented by Donald J. Murray, AICP, of Coastal Engineering Consultants, Inc., is requesting a Conditional Use to allow for the establishment of an eco- tourist facility in the Rural Agricultural -Area of Critical State Concern/Special Treatment Overlay (A- ACSC/ST) zoning district pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code. The subject property is located approximately'/ of a mile west of S.R. 29, on the north side of U.S. 41, in Section 25, Township 52 South, Range 29 East, Collier County, Florida. (Coordinator: Heidi Williams) CONTINUED FROM 9/15/05 D. Petition: PUDZ -A- 2005 -AR -7422' Prime Homes, Inc., Contract Purchaser, The Catalina Land Group, Buckstone Estates and Wolf Creek Estates, LLC, represented by William L. Hoover of Hoover Planning, Inc. and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to Residential Planned Unit Development (RPUD), to add 30.41 acres and 117 dwelling units for a total of 178.1 acres and 708 dwelling units, which may be single- or multi - family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi- family structures from 3 stories to 2 stories not to exceed 38 feet tall, and eliminate nursing homes, private schools, adult living facilities and churches as allowable uses. The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East and consists of 178.1 acres. (Coordinator: Heidi Williams) E. Petition: PUDZ -A- 2005 -AR -7403, Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02± acre sand is located at 1100 Pine Ridge Road. (Coordinator: Michael Bosi) 9. OLD BUSINESS 10. NEW BUSINESS - Discussion by the RMPK Group and staff to request the Planning Commission's involvement in the Immokalee Planning Study (to prepare revisions to the Immokalee Area Master Plan and Land Development Code). 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 10- 20- 05 /CCPC Agenda/RB /sp 2 1611 C September 15, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION NAPLES, FLORIDA, September 15, 2005 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Kenneth Abernathy Lindy Adelstein Donna Reed Caron Paul Midney Robert Murray Brad Schiffer Robert Vighotti Russell Budd (Absent) ALSO PRESENT: Ray Bellows, Zoning & Land Dev. Review Joseph Schmitt, Community Dev. & Env. Service Marjorie Student- Stirling, County Attorney CHAIRMAN STRAIN: We'll call this meeting of the Planning Commission to order. If you'll all rise for the Pledge of Allegiance, please. (Whereupon, the Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay. We'll start with the roll call: Mr. Murray? COMMISSIONER MURRAY: Here. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Here. CHAIRMAN STRAIN: Mr. Mindy? COMMISSIONER MIDNEY: Present. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Here. CHAIRMAN STRAIN: Mr. Budd is absent. Mark Strain is here. Mr. Abernathy? COMMISSIONER ABERNATHY: Here. Page 1 1611 G 4 September 15, 2005 CHAIRMAN STRAIN: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Here. CHAIRMAN STRAIN: We have all but one person here today. First item on the agenda is addenda to the agenda. COMMISSIONER ABERNATHY: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER ABERNATHY: I would like to move that we delete item -- or the item listed under item 10 new business, election of new Planning Commission Chairman with a view towards rescheduling it on the 6th of October in accordance with our longstanding custom. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Okay. There's been a motion and a second. Is there any other discussion? (No response.) CHAIRMAN STRAIN: Hearing none all in favor. COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Chairman -- COMMISSIONER STRAIN: I'm sorry, Mr. Murray. COMMISSIONER MURRAY: I have absolutely no expectations of being elected as Planning Commission Chairman, but I will not be here on the 6th. Is that anything meaningful in the event that there were any other positions that would be open? Does a person have to be here to be elected to something if they were nominated? I'm just more curious than anything else. COMMISSIONER STRAIN: I don't believe so, Bob. I know that in the years I've been on the commission we've always afforded the new seated commissioners the ability to participate in the election that they will be sitting under for the following first year, and so that's why the 6th has always been the date. COMMISSIONER MURRAY: I was just really curious more than anything. Thank you. COMMISSIONER STRAIN: Just for reassurance, can we have the vote again on the motion. COMMISSIONER ADELSTEIN: We already had one. COMMISSIONER STRAIN: I'd just like to ask for a reaffirmation. All those in favor. COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Nobody is opposed. Thank you. Any other addenda to the agenda, Ray? Page 2 1611 C September 15, 2005 MR. BELLOWS: Yes. Item SD has been continued until October 20th. COMMISSIONER STRAIN: I did see some email about that last night. Is there going to be packages distributed today? MR. BELLOWS: My understanding is that is in the process of getting the corrected EIS and all the relevant materials out to you. COMMISSIONER ABERNATHY: Latest message said that it wasn't going to be distributed today. It would all be sent once the EAC meets and reports. COMMISSIONER STRAIN: Yeah, there is more information coming on that item. Yes. Any other changes? MR. BELLOWS: No other changes that I have. COMMISSIONER STRAIN: The Planning Commission coming up. One is, I believe next Wednesday. Is that right, Ray? that going to be held? MR. BELLOWS: We're looking it up. MR. SCHMITT: It's in the boardroom. absences. We have two meetings And the time is 2:00 p.m. And where is COMMISSIONER STRAIN: It's here next Wednesday at 2:00 p.m. MR. SCHMITT: That's correct. COMMISSIONER STRAIN: Are any members of this commission not going to be able to make it? COMMISSIONER MIDNEY: I might not be. I'm going to try to do what I can. COMMISSIONER STRAIN: Mr. Budd won't be here so that leaves the quorum. And the meeting after that is October 6th, the first meeting in October. COMMISSIONER MURRAY: I will not be here. COMMISSIONER STRAIN: Mr. Murray won't be here. We will be seated with new members, but those members that are here, are all of you planning to attend on October 6th? (All affirm.) COMMISSIONER STRAIN: Okay. Approval of minutes for August 4 regular meeting. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: Second. COMMISSIONER STRAIN: Motion made and a second. Are there any discussions, corrections, comments to the minutes? (No response.) COMMISSIONER STRAIN: Hearing none I'll call for the vote. All those in favor. COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Anybody opposed? (No response.) COMMISSIONER STRAIN: Ray, do we have any BCC reports? MR. BELLOWS: Yes. Last Tuesday the board heard petition AR -6449, which was the doctor's variance, and the board zoning appeals approved that by a vote of four to one. They also heard the Page 3 1611 C 4 September 15, 2005 amendment to the Bembridge PUD, that was the former site, or the proposed site for the EOC. The board eliminated that as a use to be considered for the Bembridge amendment, but they approved that amendment by a vote of four to one permitting the school use, the emergency EMS site, and to keep the residential uses as a permitted use within the PUD and that was approved four to one. COMMISSIONER STRAIN: Actually, the county ended up owning the Bembridge PUD with remaining land then. MR. BELLOWS: At this point. COMMISSIONER STRAIN: Okay. Well, the value's gone up. We might see some profit for a change. MR. BELLOWS: And during that meeting they also discussed the Lely site as a possible, determined that it did permit the EOC facility and maybe Joe can elaborate more. MR. SCHMITT: On another motion they approved a $91,000 amendment to the contract to redesign or site adapt the EOC building, or the emergency building to the Lely site. We will be bringing that back, not as a requirement but just for information. Jim Mudd had asked that I schedule for this board to hear that. At least the architect to give an overview of the site plan so the Planning Commission has an understanding of what's going to be built out at Lely. And of course the chairman thanked the Planning Commission for their part that they played in the entire aspect of this rezoning and the overall design and ultimately the final approval of the EOC. COMMISSIONER STRAIN: I'm glad it finally got worked out. COMMISSIONER ABERNATHY: Joe, the way I heard or understood what was said, the Lely site is going to go through the normal public process. MR. SCHMITT: Not so. It's already a permitted use. It's been determined to be a permitted use. The zoning authorizes the construction of an office building that's been deemed a permitted use so there will be no -- we'll still go through public meetings. COMMISSIONER ABERNATHY: That's what I'm saying. MR. SCHMITT: Only the public -- I'll call it public meetings, but the neighborhood meetings to keep the surrounding neighborhoods, at least advise them as to what will be built so they can actually see and have a part in understanding, or at least a part in determining landscape or any other type of criteria to help screen the building. COMMISSIONER ABERNATHY: Does the resuscitated EAC get a shot at it? Environmental Advisory Council. MR. SCHMITT: No. There's no need -- again, it's a permitted use. It's not a rezoning so it could be -- it's authorized to be built there today. COMMISSIONER STRAIN: What category is it authorized under? I mean, how would they have foreseen this kind of structure at Lely? MR. SCHMITT: It -- the petition -- well, the zoning went through the zoning director was a determination that the current zoning was authorized. It was an official interpretation requested from the facility, director of facilities, to the zoning director. Zoning director deemed, based on the description of the use that it fell into the category of office buildings, which is authorized under that. It's currently under a 30 -day appeal period, if anybody wishes to appeal that decision. But it's been advertised in the Naples Daily News and it's so noted that it's determined to be permitted use in that site. COMMISSIONER STRAIN: So that means anywhere that we're zoned for office buildings in Collier County -- if an office building comes in and wants to put in a 200 -foot tower, it's now permissible. MR. SCHMITT: We're not talking about the height. The height is already authorized for that regardless of what you build. COMMISSIONER STRAIN: That tower is authorized already? 1611 C4 September 15, 2005 MR. SCHMITT: Tower as accessory use, yes. COMMISSIONER STRAIN: So that means anybody with an office building could put a tower in similar to that since now the standard has been set by what we've done in Lely. MR. SCHMITT: I wouldn't say that categorically. Depends on the zoning. The zoning was deemed to be appropriate. The tower was deemed to be an accessory use and authorized and the site itself is an office building. The office building is authorized for that site. It will be collocated with the library that will be built on that site as well. COMMISSIONER MURRAY: Joe, not to belabor it, but you said it's permittable as 75 foot I thought was the maximum. MR. SCHMITT: No, sir. Hundred foot is authorized, if I recall. I'm speaking from memory now. COMMISSIONER MURRAY: Okay. I could have sworn it was 75, but okay. COMMISSIONER STRAIN: Well then, the only other thing I'd like to ask is since these official interpretations modify or clarify directions that are part of PUDs and issues that we deal with, would it be unreasonable to request from now on any and all official interpretations issued be copied to this Planning Commission in our packets? MR. SCHMITT: I -- COMMISSIONER STRAIN: I'd like to see the reasoning behind them. It would help us understand better when we come up for LDC amendments. MR. SCHMITT: I would only question as to why. It's -- I certainly will provide them if you want them, but it's public information. The official interpretation was advertised in the Naples Daily News and it was -- and public information provided that in fact the determination was made. COMMISSIONER STRAIN: Joe, I'm not criticizing you, I'm just asking for better information. I think it's important that we understand how staff views all the languages that we end up passing either in PUD form or in LDC form. The interpretations would give us some insight into that, not saying we want to criticize them because we'd receive them after the fact anyway. Is there a reason we couldn't get copies since they are public record? MR. SCHMITT: I will certainly provide the information in your packets any OI that's been determined by the zoning director. COMMISSIONER STRAIN: I think that would be handy for the rest of the board -- MR. SCHMITT: I looked at the county attorney, if this is the proper form to debate it, so that is something that's an appeal process to the board of zoning appeals. Anybody that disagrees with an OI and I would say would be improper for this panel to debate the merits of it though. COMMISSIONER STRAIN: Joe, I'm not disagreeing with anything. I'm not challenging anything. I simply for informational purposes, can't we get copies. MR. SCHMITT: Yeah. COMMISSIONER STRAIN: That's all. MR. SCHMITT: I agree. But, Mark, all I'm asking is that, you know, if we're going to debate -- I'm not debating that I just don't want to at this form debate the decision that was made because there are --it would somewhat run circles around the process. COMMISSIONER STRAIN: I wasn't proposing it for that reason. MR. SCHMITT: Okay. COMMISSIONER SCHIFFER: Joe, I mean, make it available after the appeals period so that's never an issue. One thing, would these be available for the public too? In other words in building codes there's an equivalent called a declaratory statement where the building commission makes a judgment on code. It's very handy when you're working with the code to be able to see that there was a declaratory statement and Page 5 1611 C 4 September 15, 2005 review it. Are these available in any format like that where somebody could go to a web site, see what code issues have had -- MR. SCHMITT: They're noticed in the paper. I don't think we published it on the web site. COMMISSIONER SCHIFFER: I don't think all the professionals are reading the Naples News to see what decisions are made. I mean, once they're made, are they available to the public? MR. SCHMITT: Yes. MS. STUDENT - STIRLING: It's public record. MR. SCHMITT: It's public record. COMMISSIONER SCHIFFER: And how would somebody know what sections of the Land Development Code have interpretations? MS. STUDENT - STIRLING: Well, this would be an interpretation of a PUD, which is an amendment to the Land Development Code. And I would think -- I mean, I haven't read the particular advertisement in the Naples Daily News for this, but I would think it would be some reference to the ordinance and section that were, you know, is being interpreted. COMMISSIONER SCHIFFER: Right. And much like an attorney deals with case law when presenting a case, a designer, or all of the other professionals I'm sure would like to have access to the judgments. MR. SCHMITT: Well, there's another one right now that's similar and that's the situation dealing with the boat canopy issue. Again, that was a request from the zoning director, or actually from the Code Enforcement Director to the Zoning Director to make it a ruling under zoning criteria for the canvas or vinyl boat covers, so we'll give you that one as well so you can understand. COMMISSIONER STRAIN: Joe, the only reason is, if we see how staff has got -- where staff has to interpret something because it isn't clear enough in the code, or isn't clear enough in the PUD that we passed, we might think about that when it's before us and try to make it clearer so we have less need for interpretation. MR. SCHMITT: I have no problem with that, and we will certainly provide copies in the future. COMMISSIONER STRAIN: Mr. Abernathy. COMMISSIONER ABERNATHY: Joe, when we hear the new EOC matter, remember when we heard it before, we had problems with it far beyond just the site being across from Countryside. We didn't like the windows. We're not in conformance with the code. The landscaping wasn't in conformance with the code, blah, blah, blah and so forth. Are we going to be able to address those matters when it comes before us? MR. SCHMITT: Probably only for information, but you normally don't address those anyway. Those are all site planning issues. We cover those as part of zoning criteria if there's going to be a deviation. Normally the Planning Commission will make a rule on those, but from an architectural standard. COMMISSIONER STRAIN: But I think that's what is the question. MR. SCHMITT: Because normally you don't get into the details of how a building is designed. That's normally a staff review. You only get involved if it's a deviation -- request for deviation. COMMISSIONER ABERNATHY: We get into buffering and things like that. MR. SCHMITT: Request something that was defined for the development standards in the PUD. COMMISSIONER STRAIN: But, Joe, it's not coming before us from what I read in the paper. MR. SCHMITT: We were asked, the manager directed, we will schedule for you for information only to be aware as to what's going to be designed. We'll take your comments and incorporate them into any design, but from an official matter, this board probably has no official capacity in making any decision on that project. I'._- • 1 11 Septem er 15, 200 COMMISSIONER MURRAY: I believe, I recall that there was a deviation requested on glass at 30 percent and down to, and that was not resolved as a result of going through the process. And I would assume then that when it comes to you it represents a deviation. MR. SCHMITT: That's a staff decision. But that's administrative process that's at the staff level for that deviation. COMMISSIONER SCHIFFER: The deviation was at the architectural standard, Bob, and there is a method within the architectural standards to handle that. COMMISSIONER STRAIN: Well, I think we have belabored this point long enough. Let's move on to the chairman's report, and this one will be short because there isn't any. The chairman is not here. Advertised public hearings. Our first meeting today is petition BD- 2005 -AR -7600. All those wishing to have testimony in this matter please rise to be swore in. Do you swear or affirm that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth so help you? (All affirm.) COMMISSIONER STRAIN: Thank you. Disclosures from the Planning Commission members? COMMISSIONER MURRAY: None. COMMISSIONER ADELSTEIN: None. COMMISSIONER ABERNATHY: None. COMMISSIONER VIGLIOTTI: None. COMMISSIONER CARON: None. COMMISSIONER MINDY: None. COMMISSIONER SCHIFFER: None. COMMISSIONER STRAIN: I had a meeting with Mr. Sculfield probably two months ago about some lots in this general vicinity. I'm not sure if either this one or the one following are ones that we talked about. I can't remember the locations, but just in case for disclosure purposes, I'll mention I had that meeting. Okay, Rocky. MR. SCULFIELD: Rocky Sculfield representing Mr. Dyer, the applicant. I believe the meeting we had that was on Vanderbilt, the one that was turned down by the commission -- COMMISSIONER STRAIN: You did ask for some suggestions on one down in this area in regards to how you were going to place a dock, whether it was going to be straight out or perpendicular. MR. SCULFIELD: Oh, okay. That will be coming up. This is not one of these two petitions. That will be the Jordan petition coming up in the future. COMMISSIONER STRAIN: Just wanted to make sure the record was clear. Thank you. MR. SCULFIELD: Okay. Background, both these petitions this morning that you're going to hear are on the same canal. They're in the Port of the Islands. The Cays Phase II. Port of the Islands both -- what we're just talking about the phase II Cays, and it's a man -made subdivision. A series of man-made canals. The canals are all over 200 feet in width. They're riprap shorelines, and the way the subdivision was platted, the property line of each of those residences goes to the main high water line. So, wherever the main high water line is the property line for those residences. When the subdivision was platted, they used a platted main high waterline, meaning, this is approximately where it is. So when the surveys are done, we get the actual main high waterline, and that's what's depicted on the drawings. Actually, the old platted line is too. But all of our extensions go from the actual main high waterline. COMMISSIONER ABERNATHY Rocky? MR. SCULFIELD: Yes, commissioner. COMMISSIONER ABERNATHY This petition, the descriptive work done by the staff says that Page 7 1611 C y. September 15, 2005 this -- it will protrude 39 feet into a waterway which is 750 feet wide. Is that the Union Canal that you're talking about? MR. SCULFIELD: Okay. I'll go -- if you'll look at the — on the screen there, that is the canal. You can see the applicant's property. COMMISSIONER ABERNATHY They're both on the same canal and one of them is 218 feet. MR. SCULFIELD: That's correct. That's going across the canal. The one that we're doing right now, Mr. Dyer, is on the very end, or the head of the canal, however you want to look at that. Right here. So when they're measuring the distance, they're looking down the canal, which is -- COMMISSIONER ABERNATHY: It's not right. MR. SCULFIELD -- 700 -- well, you know, that's how they usually measure the distance out. When they're talking about navigability, are they going to interfere with anybody. Usually it's measured, they go down the canal. But, no, I know what you're saying. The canal is 218 feet wide is what it is. COMMISSIONER ABERNATHY: Well, that's the standard we would measure your 25 percent against. MR. SCULFIELD: I guess you could but that's ambiguous also, because of the situation where the lots are on these dead end canals, so, but it does -- it meets that criteria anyway. We're well within that. If you want to look at it that way, that's fine. This is pretty straightforward. He's on a -- as you can see from this screen here, and I do have other drawings. They should be in your packet. The lines, the triangular lines drawn around this dock represent the riparian lines, also the seven - and -a -half foot setback lines. The dock is fitted in there where we do meet the seven -and -a -half foot setback lines. And there was mangroves. It's a riprap shoreline, shallow near the shore. The dock is pushed out to where it works where the boat gets on the lift. The mangroves have been trimmed. It's a man-made canal. Mangroves are allowed to be removed in the footprint of the docks. In your aerial photograph you can see there's mangroves there, but they've been removed where the dock is. So, it meets the setback and the criteria. I'll answer any questions if you have any. COMMISSIONER ABERNATHY: I have a couple. COMMISSIONER STRAIN: Mr. Abernathy. COMMISSIONER ABERNATHY: If this is a man -made canal, why are those scruffy mangroves all the way around? MR. SCULFIELD: Because it was built quite some time ago. Mangroves, they seed themselves and propagate and grow up. COMMISSIONER ABERNATHY If people had been doing things in perpetuity like they have to do, there wouldn't have been any; is that right? The other question I have, this is just curiosity. On this one your dock gets -- it flares out a little bit in the area of the lift. MR. SCULFIELD: That's correct. COMMISSIONER ABERNATHY Well, on the other one it does just the opposite, it flares away from the lift. I wonder what the philosophy for all of that was. MR. SCULFIELD: Well, that's the preference with the owner. He wanted more -- he wanted a six foot -- it's a four -foot wide walkway going out to a six foot wide access deck. He wanted 60 -- COMMISSIONER ABERNATHY: He asked for two feet on one side or the other? MR. SCULFIELD: Yeah, it's just two feet towards the lift where he has more access for loading it and storing it. It's still not accessive deck area. COMMISSIONER ABERNATHY: But the other guy wants the two feet on the other side; is that right? MR. SCULFIELD: I would assume so. 1()11 C y, September 15, 2005 COMMISSIONER ABERNATHY: Okay. COMMISSIONER STRAIN: MR. Schiffer. COMMISSIONER SCHIFFER: And this isn't critical to the dock, but I'm concerned about, you know, this is a 60 -foot lot. Actually, the cord line is above 60 feet which would require a 15 -foot setback. Should we be going for an exception on the setback here also? You show that -- somehow you came up with a 59.9 foot dimension of the high water mark. But if the cord length is above 60 and the water line mark, which is longer than the cord length, the way it goes, how did we come up with 59.9? And the survey doesn't show anything like 59.9. And, again, I think it's a good design. I think it really fits, so I think -- the concern is, should we add that to this -- MR. SCULFIELD: Oh, you mean on the setbacks? COMMISSIONER SCHIFFER: Yes. MR. SCULFIELD: Is it relative to the setbacks? COMMISSIONER SCHIFFER: Because it may be such that you need a 15 -foot setback. MS. ERNST: For the record, my name is Joyce Ernst with the zoning and land development review. And end -- if you look at the dock section of the LDC, properties at the end of canals have seven - and -a -half foot setbacks because they have to go to the riparian line and it really, you know, gives them a minimal of area for buildable docks. I think that's what you're asking, whether the setback is seven - and -a -half or 15? COMMISSIONER SCHIFFER: I didn't recall anything at the end of a cul -de -sac so I may have missed something. MS. ERNST: No, at the end of a canal they require -- they just are -- the minimum setback is seven - and -a -half feet. I Believe that's what you're questioning; am I right? COMMISSIONER SCHIFFER: No. My question was, when I read the code it showed lots that are 50 -foot -- I mean, 60 feet and less and lots that are 60 feet and above. I didn't see the cul -de -sac. And I must have missed that. MS. ERNST: It's not the culdesac, it's at the end of the canal. Lots at the end of a canal have seven -and -a -half foot side yard setback as opposed to a 15 -foot side yard setback, regardless of their waterfront width. COMMISSIONER SCHIFFER: Okay. MS. ERNST: Okay? COMMISSIONER SCHIFFER: I'll look for that. COMMISSIONER STRAIN: That's something to check out. Is there any other besides me? Any other questions of the commissioners? Rocky? MR. SCULFIELD: Yes. COMMISSIONER STRAIN: Can you put on the overhead the proposed dock layout sheet? MR. SCULFIELD: Yes. COMMISSIONER STRAIN: Actually, it's white and black. It's not colored. I have one question from that sheet, if you don't mind. MR. SCULFIELD: Okay. COMMISSIONER STRAIN: Actually it's going to be a question more of staff than it is of you, so. I notice you have kept, now we've learned seven - and -a -half feet is the appropriate setback. You have kept that around your property. The adjacent dock next to you shown on this page is right at the riparian line, now how did that happen if you have to keep seven - and -a -half feet? I mean, you may not know. I guess this is an inquiry of staff and do they need -- COMMISSIONER MURRAY: They built it. Page 9 September 15, 2005 MR. SCULFIELD: No, I can answer that. I permitted that dock, on a boat dock extension quite some time ago. As a matter of fact, I brought the file with me. And the file clearly shows the way it was permitted is not the way it was built. That's why today -- COMMISSIONER STRAIN: Who built it? MR. SCULFIELD: I don't know who built it. It was done quite some time ago. The previous owner is a guy named -- it was Lee Arnold. And the gentleman, Mr. Dyer, who we're here today for, owns that property next door. He bought that some time ago. The dock was built by Mr. Arnold after it was permitted. Mr. Dyer bought that lot. Now he's buying this lot next door and building next door and putting in this. So it's kind of his problem right now, but he did not install the dock. What happened, the dock was installed without a surveyor laying it out. This was quite common some time ago. Now with all the rules and regulations today, most dock builders have a surveyor go out and put the points in and lay it out where we design it so it does not intrude like this one does. But, yes, somewhere in the future, you know, I might have a problem with that and they're going to have to get a variance or remove it. COMMISSIONER STRAIN: I have a feeling that somewhere in the future might come a lot faster now. So, I thought that -- MR. SCULFIELD: Well, you can -- if you look at that you can even see how the walkway is bowed and bent. I mean, it just -- it wasn't a very good construction. COMMISSIONER STRAIN: Well, I hope now that this has been pointed out, somebody will follow up on it and get it resolved. I don't have anything else. Does the staff have a report? MS. ERNST: For the record, Joyce Ernst with Zoning and Land Development. And as the applicant pointed out, this particular boat dock is to be located in Port of the Islands. And theirs is a residence right now that's under construction on that site. And that property just to the south of that, received a boat dock extension, and there's is supposed to go out 35 feet -- 34 feet. And as Rocky pointed out, it was not built the way the boat dock extension was approved. The other lot to the north did not get a boat dock extension, and, you know, at that time when they put the dock in, they didn't require one. This dock will be more perpendicular with the shoreline, so therefore, I feel it will not interfere with the neighboring docks. I have not received any comments whatsoever for or against this. It complies with the criteria of the land development code and therefore staff recommends approval. Does anyone have any questions? COMMISSIONER STRAIN: Are there any questions of staff from the commission? COMMISSIONER SCHIFFER: No. COMMISSIONER STRAIN: Okay. Hearing none, Ray, are there any public speakers? MR. BELLOWS: None registered. COMMISSIONER STRAIN: With that, we'll close the public hearing. Entertain a motion? COMMISSIONER MIDNEY: I move that we approve BD -7600 subject to staff recommendations. COMMISSIONER MURRAY: I'll second it. COMMISSIONER STRAIN: Motion has been made and seconded. Is there any discussion? (No response.) COMMISSIONER STRAIN: Hearing none, we'll call for the vote. All those in favor? COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. Page 10 1611 C 4 September 15, 2005 COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Anybody opposed? (No response.) COMMISSIONER STRAIN: Nobody is opposed. Motion passes. COMMISSIONER SCHIFFER: And, Mark, looking at this slide, looks like the guy has more trouble than his dock. I mean, obviously, the thing should slide over a little bit, but not that far. COMMISSIONER STRAIN: Like I said, the public hearing might have brought up more than Rocky had hoped, but -- Okay. Next item on the agenda is petition BD- 2005 -AR -7750. All those wishing to have testimony in this matter, please rise and be sworn in. Oh, it's you, Ray. Do you swear or affirm the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth so help you. (All affirm.) COMMISSIONER STRAIN: Thank you. Are there any disclosures? No disclosures. Okay. Rocky, it's all yours. MR. SCULFIELD: Again, Rocky Sculfield representing the applicant, which is Mr. Cramer. Again, we're on the same canal just around on the side a little bit on this one. Mr. Cramer's dock -- the one we just did is right here on the corner, and then you come around the side over here and this is the dock we're doing now. I'm going to slide this down a little bit. On this canal -- I tried to give you an overview of this whole deal. You see the one on the very end there where this big U -dock at an angle? This right there, this dock is out approximately 45 feet out. I've done a lot of the extensions in Port of the Islands and the longest one Pve done is, extends out 46 feet. This one -- I did not do that dock right there, but the best we can tell, and I'm sure it's in the records somewhere, but it is out at least 45 feet. So, the ones that we're doing today are, obviously, inside of that. The dock that's before you right now, we're asking for a 15 -foot extension for a total of 35 feet protrusion into the waterway. All the same criteria apply. It's a riprap shoreline with shallow near the shore and the dock needs to go out a little bit to get the water depth. Most docks in the area, some are closer in, some are further out, just depending on the water right at these docks. Some of the very early docks you can see on there were built in -- at the 20 -foot line to avoid boat dock extensions when people put them in. A lot of these docks today have serious water problems. The one right in the corner over here that we just talked about, the one that's not conforming there at low tide, that lift and boat, you can't even use. It's on high ground. So, these canals do fill in, and a lot of these earlier docks there, some of them are having problems with water. So all the ones in now, they're pushing out with extensions. But, again the waterway width is over 200 feet so there's no problem with navigation or impact the view of the neighbors. These lots sit up pretty high off the water anyway and the docks are down lower. So that's what it is. This is -- we'll protrude 35 feet into the waterway. It's basically centered as best they could on the lot to adhere to the setback. So if you have any questions, I'll be glad to answer. COMMISSIONER STRAIN: Any questions of the applicant? (No response.) COMMISSIONER STRAIN: Hearing none, staff report. MS. ERNST: For the record again Pm Joyce Ernst with Zoning & Land Development Review. And, of course, as he said, this is also Port of the Islands. That house right there on that overview is actually under construction at the time -- at this time, but now it's been completed. COMMISSIONER MURRAY: That's interesting. COMMISSIONER STRAIN: That's a nighttime photo? Page 11 1611 C 4 September 15, 2005 MS. ERNST: Looks like we lost it. COMMISSIONER STRAIN: Night vision goggles. COMMISSIONER ABERNATHY What did you do, Ray? COMMISSIONER STRAIN: I think we get the picture, Joyce. You can continue. COMMISSIONER MIDNEY: No, we don't get the picture, but we understand. COMMISSIONER STRAIN: Yeah, we understand it. MS. ERNST: The home to the east of this had gotten a boat dock extension to extend out 39 feet. So the lot that Rocky was showing with that angular- shaped dock, they had gotten an extension to go out 45 feet, so what he said was probably pretty accurate as to how far it protrudes. And, again, this boat will be more parallel with the shoreline where I don't see it's going to interfere with the neighboring docks. I have not received any comments for or against it. It complies with the criteria, the Land Development Code, and therefore staff recommends approval. Does anyone have questions at this time? COMMISSIONER STRAIN: Commissioner Murray? COMMISSIONER MURRAY: I do have questions. More out of curiosity. Under your secondary criteria on page five, number one where they refer to special conditions not involving water depth, et cetera, the last portion of the sentence having to do with difficult without dredging which is not a desirable alternative. Just out of curiosity, why is it not a desirable alternative in the means that you've said? MS. ERNST: I believe the Corps of Engineers, they kind of look down upon the dredging. They prefer not to dredge. I think we could ask Rocky. Maybe he could verify. COMMISSIONER MURRAY: It's not that critical a question. It just piqued my curiosity, and not a desirable alternative. You're really saying it has to do more with some governmental entity having a description against it, if I am not mistaken? MS. ERNST: That's correct. COMMISSIONER MURRAY: Okay. Thank you. COMMISSIONER STRAIN: Any other comments from the commission? (No response.) COMMISSIONER STRAIN: Thank you, Joyce. Ray, are there any public speakers? MR. BELLOWS: No one has registered. COMMISSIONER STRAIN: With that we'll close the public hearing. COMMISSIONER MIDNEY: I move that we approve BD -7750 subject to staff recommendations. COMMISSIONER STRAIN: Okay. It's AR -7750. COMMISSIONER MIDNEY: AR. COMMISSIONER STRAIN: Is there a second to the motion? COMMISSIONER MURRAY: Second. COMMISSIONER STRAIN: Motion is made and seconded. Any discussion? (No response.) COMMISSIONER STRAIN: Hearing none I'll call for the vote. All those in favor? COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. Page 12 1611 q4 September 15, 205 COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Anybody opposed? (No response.) COMMISSIONER STRAIN: Okay. Ray, before we go on to the next one, because we will need to see the graphics on that, are you able to fix that or do you want to take a five - minute break while you -- MR. BELLOWS: Let's take a five - minute break. COMMISSIONER STRAIN: So moved. Thank you. (Whereupon, a brief recess was taken.) COMMISSIONER STRAIN: Okay. Next petition is VA- 2005 -AR -7444. All those wishing to provide testimony in this case, please rise to be sworn in. Do you swear or affirm the testimony you're about to give will be the truth, the whole truth and nothing but the truth? (All affirm.) COMMISSIONER STRAIN: Thank you. Are there any disclosures? (No response.) COMMISSIONER STRAIN: Hearing none, we'll proceed. The applicant. MS. RHODES: Good morning. I'm Charlotte Rhodes. My husband and I were being represented by McGarvey Homes petitioning for a variance so that we could install an enclosed screen over our pool. We were represented at the previous meeting by Bill Must who is with McGarvey Homes. He had a conflict today of time and could not appear so I am here. And I reviewed the tape of that meeting and I have three issues that needed to be clarified or corrected and I have copies for the committee members. I reviewed the tape and got this information to Ms. Valara too late for her to include it in the staff report so I apologize for that. COMMISSIONER STRAIN: Ma'am, are you Mrs. Rhodes, did you say? MRS. RHODES: I'm Charley Rhodes -- Mrs. Rhodes, yes. COMMISSIONER STRAIN: Thank you. As you might know, we're not going to have time to read this while were sitting here. I'm hoping you will highlight the high points. MRS. RHODES: That would be fine. The first point that I wanted to make was that Mr. Murray -- Mayor -- Mr. Murray. I'm sorry, asked Mr. Must directly if we were aware, the homeowners were aware when we purchased the property that there would be a problem with having this screen enclosure installed. And Mr. Must replied in the affirmative that yes we were, we were not aware of this until August. We purchased the home in May. We found out in August when they went to pull the permit that this variance would be a problem. We had our attorney review the contract. And the realtor and the builder and the seller, both, we had discussion with both of them prior to purchasing the home about installing the screen enclosure that neither one of them indicated that there would be a problem. So, that was one thing I did need to clarify that we were not aware of. Secondly, we, I think you're aware of, the zoning was agriculture. They allow one home for every five acres. We do not own five acres. We own approximately the three quarters acres right on the corner. We do not own the property across the street. There is not going to be any kind of a guesthouse or any kind of a structure built over there. That's preserved by the Bonita Bay Group as well as wetlands and preserve. So that is not our property. I felt that there was a question about that. And there was a question about perhaps if the overlay would be in place for the Phase I as it is in Phase II. I contacted Jerry McPherson at Bonita Bay and he advised me that there is no plans for Bonita Bay to rezone the Phase I into a residential. So that was step three issues I didn't want to address. Thank you. COMMISSIONER STRAIN: Okay. Is there any-- I have some questions. Any other questions from commissioners? I guess it might be more of ownership. The tax accessors map said, apparently is Page 13 161. G 4 September 15, 2005 what's on the screen in front of us; is that correct, Ray? MR. BELLOWS: That's correct. COMMISSIONER STRAIN: The yellow generally signifies ownership. And seems to indicate you do own across the street and even out into the water a little bit. You're saying you don't own those? MRS. RHODES: No, we do not own that. COMMISSIONER STRAIN: Ray, maybe you can answer me. How can they build a house in the manner they've built it on if it's not zoned ag? You've got to have a minimum of five acres to build a house, I believe, and it -- I think it's been acknowledged this is zoned ag. So now, how do we get the house there? MS. VALARA: Catalina Valara, principal planner with Zoning & Land Development Review. The survey showed that the property is, yes, the five acres. And I don't think we can show the whole platted land, but it is. COMMISSIONER STRAIN: It is five acres? MS. VALARA: Yes. COMMISSIONER STRAIN: So they do own five acres? MS. VALARA: Yes. COMMISSIONER STRAIN: This lady actually bought more property than she thought. COMMISSIONER SCHIFFER: Mark, I think, isn't there an easement? The parcel she's aware of is the part on one side of the road. The stuff on the other side of the road is an easement for common areas though, whether that's a technicality or not. COMMISSIONER STRAIN: It's that -- COMMISSIONER SCHIFFER: You do own it but you just don't have access to it to use it. COMMISSIONER STRAIN: The reason I'm trying to make the point, Brad, is that that was the problem with the Twin Eagles development. MR. SCHIFFER: A little trickery. COMMISSIONER STRAIN: They went ahead and zoned all these parcels to a size that could be built upon under the zoning laws at the time. There was a big brouhaha over it and I know there was a settlement of some kind. I have not seen and I don't think the public has seen in regards to how that kind of boiled down, but I believe they gave easements over the portions that they weren't used to build on for some other use. And this is all what I've heard. I haven't seen any of this documentation. But this may be why this appears to be what it is today and why the lady thinks she doesn't own the five acres because it's lit up in easement or some other format. I want to verify that you do have the five acres, because without that, I would be questioning why you could even build there to begin with. So -- MRS. RHODES: We actually pay taxes and only have ownership of like the three quarters acres of where our house sits. Whatever the easement or whatever all out into the lake, that is all common property and Bonita Bay maintains it and it's common property. It is not my property. COMMISSIONER STRAIN: I understand what you're saying, ma'am. Thank you. MR. SCHIFFER: I'm just curious on one thing. On your tax statement, what acre does it show you own? What is the number of acres you own? MRS. RHODES: Approximately three quarters. It's to the best of my knowledge. It does not show we own five acres. We do not pay taxes on five acres of land. COMMISSIONER STRAIN: Well, I mean, we're kind of digging a hole here in a different direction. And I'm not sure why we need to go -- I brought it up simply to clarify the record that you technically, I don't believe could have a house there if you own just three quarters of an acre. Because you're there under a zone ag that requires you to have a minimum of five acres. So somehow that happened and I just wanted to make sure the record was clear that you are legally there. Page 14 1611 C September 15, 2005 Mr. Abernathy, you had a question? COMMISSIONER ABERNATHY Yes. There's a couple of photos in the file. It's called existing conditions. MR. SCHMITT: Mr. Abernathy, can you pull your microphone a little bit closer. COMMISSIONER ABERNATHY: Yes. MR. SCHMITT: Thank you. COMMISSIONER ABERNATHY: The existing condition on page seven of the staff report. The house that's to the -- would be the east of you there. Have they taken a position on this matter? MRS. RHODES: I talked to the lady who owns the home and she was all in favor. That was a verbal to me when I talked to her. And she said they have no problem with us. In fact, they would like to have an enclosure there. COMMISSIONER ABERNATHY: She's never written a letter one way or the other? MRS. RHODES: She was leaving -- she told me she was leaving for Hawaii with her grandchildren and she was sorry she didn't have the time, but I did speak with her, yes. COMMISSIONER STRAIN: Are there any other questions of the commissioners? (No response.) COMMISSIONER STRAIN: Hearing none, staff report, please. Thank you, ma'am. MRS. RHODES: Thank you. MS. VALARA: Again, for the record, Catalina Valara, principal planner with Zoning & Land Development Review. On the -- on August 18th you asked staff to investigate if the standards containing the rural fringe overlay zoning will allow a permit, the proposed pool enclosure. We did investigate and the standards contained in this overlay are the same as in the underlying zoning, that's the ag zoning, so the variance will still be required if the pool enclosure will still be, you know, still be sought for. COMMISSIONER STRAIN: So, the solution that Mr. Anderson apparently is doing on another part of the project or somewhere nearby doesn't work for this parcel, is that what -- MR. BELLOWS: Correct. COMMISSIONER STRAIN: Okay. Is there any other thing further you want to add, or that's the end of your -- MS. VALARA: That's it. COMMISSIONER STRAIN: Any questions of staff on this matter? Since we asked a lot of questions before, hopefully we can get through this. Are there any public speakers, Ray? MR. BELLOWS: No one has registered. COMMISSIONER STRAIN: With that, we will close the public hearing. I'll entertain a motion on petition VA- 2005 -AR -7444. COMMISSIONER ADELSTEIN: I move that AR -7444 before the Board of County Commission recommendation of not approval. COMMISSIONER STRAIN: Is there a second to that motion? COMMISSIONER MIDNEY: I'll second. COMMISSIONER STRAIN: Motion and second by commissioner Midney. For discussion. COMMISSIONER ABERNATHY: Yes, Mr. Chairman. Looking at this photograph, on the bottom of page seven it just strikes me that a year from now, or two years from now, nobody will know that there was even a request for a variance. The next -door neighbor doesn't care, there's a hedge row between the houses. I don't think we have any choice but to recommend disapproval, but I don't have any doubt that the BCC will approve this. So, that's all I've got to say. COMMISSIONER STRAIN: Any other comments from the commission? My comments are Page 15 161.E C � September 15, 2005 simply that this isn't a hardship, it's self - imposed by the builder. The property owner could have researched this through county codes and figured it out as many people have. I didn't see any preexisting conditions that warrants the variance. There's no difficulty left as is in the sense that they can still put a cage around it, it just might not be convenient to get around the pool. I don't see any impact on the health safety and welfare of the public. And I do find it being inconsistent with the Land Development Code for the setback violation that will be proposed, so for that reason, I would likewise support the motion. Brad? MR. SCHIFFER: and that is the sad thing. We do have the responsibility to come up with the variance. I mean, that is the service side of your neighbor's building. I don't think it would be an aesthetic issue, but the hardship was inflicted by the way they positioned the site. COMMISSIONER STRAIN: Jennifer, did you have a comment? MS. BELPEDIO: Jennifer Belpedio, assistant county attorney. It's difficult for me to tell which commissioner is speaking at all times. But I just wanted to make sure that the person making the motion, which I believe is Mr. Adelstein, will specifically incorporate the basis for denial citing to one of the criteria into his motion. COMMISSIONER STRAIN: Such as those that I mentioned? MS. BELPEDIO: He can do so if that's his motion. COMMISSIONER ADELSTEIN: As an amendment, I will accept it. COMMISSIONER STRAIN: It was Mr. Adelstein by the way, that made the motion. And he's incorporated my criteria into his motion. Is that supported by the second, Mr. Midney? COMMISSIONER MIDNEY: Yes. COMMISSIONER STRAIN: Yes, it is. Thank you. Any further discussion? Hearing none, all those in favor. COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Anybody opposed? Motion carries for recommendation of denial. We will go on to the next petition. CU- 2005 -AR -7586, Southern Centers in Naples LC, Office Depot. All those wishing to provide testimony in this, would you please rise and be sworn in. Do you swear or affirm the testimony you're about to give on the matter now in hearing shall be the truth, the whole truth and nothing but the truth so help you? (All affirm.) COMMISSIONER STRAIN: Disclosures from staff? I mean, disclosures from commission? I'm sorry. COMMISSIONER SCHIFFER: None for me. COMMISSIONER STRAIN: Well, looks like I'm the only one then. I've had discussions with the applicants represented by Mr. Yovanovich over landscaping issues and traffic issues. Hopefully they re will be clarified today. COMMISSIONER ADELSTEIN: Mr. Chairman? COMMISSIONER STRAIN: Yes, Sir. COMMISSIONER ADELSTEIN: I want to remind the staff -- I mean, the board that is a conditional use. Page 16 Sept 16 mbl r�5, 295 4 COMMISSIONER STRAIN: So we need to sign our papers and make sure we turn them in to you by the time we finish. COMMISSIONER MURRAY: And I just mentioned that I had a conversation with staff briefly regarding stipulations. COMMISSIONER STRAIN: Okay. Mr. Yovanovich. Please go ahead. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich of behalf of the petitioner. With me I have Kevin Buckley and Randy Kella. They're both owners of the property. Wayne Arnold with Grady, Monor & Associates, the professional planner on the project, and Ray Garvey, with Vanesse & Daylor our transportation engineer. They can answer any questions you may have regarding those topics. I'll give a brief overview and then we'll open ourselves up to any questions you may have. The property is approximately four acres in size. It's at the northeast corner of US 41 and Collier Boulevard. The existing zoning on the property is C3. As you can see on the visualizer, we're adjacent to the Falling Waters PUD to the north. And there's an undeveloped piece of agricultural land directly to the east that's within the activity center. Across the street from us to the west would be the Lely resort project and all of their commercial development. To the south and the east is also an activity center property with commercial zoning, And to the south and west is also within the activity center and commercial zoning. There's an existing St permit on the property that addresses, you know, that was intended to address protecting the alleged sensitive areas on the property. What we're proposing is consistent with the ST permit that's already on the property and we will, you know, honor the previous commitments regarding landscaping and location of building and improvements. I want to also put on the visualizer our site plan. I don't know if in your packet is the previous ST approval or not, but as you can see what we've done -- and we believe that this is better for the community adjacent to us than what was previously there. The previous ST site development plan had a restaurant located closer to 951 and all the parking near the residences. We have put the Office Depot building closer to the residences and moved the parking and the noisy areas away from the residences. So we believe what we're proposing is more compatible with our neighbors than the previous site plan that was discussed. We have -- we have tried to market this property to a restaurant. We've tried -- we've had conversations with Carrabba's, Outback, Chili's, Macaroni Grill, Applebee's. There's been, you know, signs on the property for three years. We had listed the property with Grub & Ellis with the intent of trying to get a restaurant there. There's no interest from restaurants to go there. I believe that they think the corner across the street from Lely Resort might be a little bit better for them. Better access. So, since we had no luck in obtaining a restaurant, we have looked at other uses that are allowed under the current C3 zoning, and the activity center destination on the property. Office Depot is under contract to lease the property. We are coming through requesting the conditional use for Office Depot. Now, the reason we're here is because the Office Depot is greater than 5,000 feet in size, otherwise -- the use is permitted, it's the size of the user that puts us through the conditional use process. Your environmental staff has recommended approval. They've looked at how this particular site plan lays out versus the previous ST permit, and they've recommended approval. Your planning staff has reviewed it for all the necessary criteria regarding compatibility and other issues, and they are recommending approval. The condition about transportation that we have to wait until there's concurrency is something we agree to. We would be able to go forward under existing -- we're always going to be subject to concurrency. We don't have a problem with that. We know that, and if you don't approve the conditional use, we still would have to wait until there's concurrency, and that condition we agreed to and it's a condition that has been imposed by the board on other recent rezones in the area. We believe that Mr. Jarvey can get up and get into the details that the actual Office Depot use is a Page 17 1611 C 4 September 15, 2005 reduction in traffic than the existing approved restaurant, so we think that that's actually a better thing for the community and makes it more compatible. We have -- we are not aware of any objections. We have notified Falling Waters and our neighbors. We had our neighborhood information meeting. We had two people show up. They spoke in favor of the project. I believe if there were objectors to the project, they would have shown up. Matter of fact, we heard that they even might have thought that this was Home Depot and not an Office Depot, so I would have thought with that misinformation out there, we definitely would have had a whole lot of people show up. So I guess I should have asked for the Home Depot, but I guess I can't fit it, so. With that, we agreed to, all the conditions that staff has recommended to you, I believe staff has asked for two additional. One clarification that we are going to meet the landscaping requirements approved by the previous ST, we're fine with that, and also -- and that requires some enhance buffering along the east side which was previously committed to, and we're committing to. And I think they wanted to take out a reference to phasing since we're only going to have one building. There is no phasing. Okay. Did I get them both? With that, we hope this is a fairly straightforward petition. There are no objectors, that we're aware o£ And we request that you recommend to the Board of County Commissioners approval of our conditional use request. COMMISSIONER STRAIN: Mr. Murray. COMMISSIONER MURRAY: Good morning, Mr. Yovanovich. I have a question or two. I see your site plan here. I'm also looking at a picture from Q. Brady and -- let's see -- Q. Brady Minor, and then there's another one here Vanesse, Daylor. And while your presentation here appears to be more of a square, this other Vaness, Dayler seems to be somewhat of a rectangle, admittedly notched. But more interesting to me is that in the presentation -- if I could bring you to that page, and I don't know how to get you there exactly, I can take these out if I have to, but the Q. Grady Minor Associates document, aerial exhibit. MR. YOVANOVICH: Is this the one? COMMISSIONER MURRAY: if I -- MR. YOVANOVICH: Are you talking about the shape of the parcel, Mr. Murray, or the -- COMMISSIONER MURRAY: I am. Pm talking about in one instance it appears to be a rectangle much longer -- MR. YOVANOVICH: Oh, it's like a flag. They did not incorporate the existing CVS drug store which is part of the overall -- COMMISSIONER MURRAY: Well, that's fine. I noted that if you're looking at that document, the Vanesse, Daylor, there are the Falling Waters, what appear to be perhaps a 12 -Plex unit, the rectangles -- one of the edges ends at the second building whereas in the Q. Brady Minor, the rectangle ends in the first 12 -flex. I don't know where the property really is. MR. YOVANOVICH: It -- COMMISSIONER MURRAY: May I give you the paper? MR. YOVANOVICH: I think I see what you're saying. I'm looking at the -- I'm looking at both of them. And the difference is that Vanesse and Daylor's was a general location map, not to scale. The correct boundary that you need to be looking at, Mr. Murray, is what Q. Grady Minor prepared. COMMISSIONER MURRAY: Okay. So that's the relevant one. Okay. Having answered that question, I have a few questions if I may, please. How high would this structure be? MR. YOVANOVICH: Kevin, do you know how tall the building is going to be? We'll look at the elevation for you, Mr. Murray. COMMISSIONER MURRAY: All right. And then I would go into -- ffl 1611 September 15, 2005 MR. YOVANOVICH: It is -- you understand that it's a single -story building, correct? COMMISSIONER MURRAY: No, I understand. I just, out of interest to know, how high that would be. MR. YOVANOVICH: The front is 32 feet and the rear -- is that 17 feet? And 17 in the rear. COMMISSIONER MURRAY: Thank you. MR. YOVANOVICH: You've seen -- it's similar to the one we did not too long ago. COMMISSIONER MURRAY: Okay. Then I would like to bring you to the area of special conditions where it has to do with permits. And I've just looked at the permit. It seems to -- let's see. November 30, 2001, and on the next page it indicates permits expire in two years. I'm a little confused. I didn't see anything that would indicate to me that your permits are okay. MR. YOVANOVICH: Can you tell me what permit you're talking about? COMMISSIONER MURRAY: It's always a challenge in these packets to try to refer to things here. It appears -- let's see. MS. CARON: I think he's looking at the South Florida Water Management general conditions, but they're actually five. COMMISSIONER MURRAY: That's the South Florida Water Management, yes. MR. YOVANOVICH: We believe our -- we believe our permits are current and we will -- COMMISSIONER MURRAY: I imagine you do, but I'm just curious. I didn't see anything inhere to indicate that they were again. COMMISSIONER STRAIN: Before they can get an STP, they're going to have that permit validated. COMMISSIONER MURRAY: Okay. So it's moot -- COMMISSIONER STRAIN: Right. COMMISSIONER MURRAY: -- for me. Okay. I'm sorry. I just wanted to be sure I covered all my bases. Okay. I think I'm basically -- the only other items I want to discuss after this will be transportation so I can hold off for that if you'd like. COMMISSIONER STRAIN: Okay. Mr. Schiffer and then Ms. Caron. MR. SCHIFFER: Rich, just a quick question. This was filed in 2005. Why did you reference the old LDC? MR. YOVANOVICH: Well, I'll tell you. Because the new LDC doesn't have these requirements. For whatever reasons when you did the transfer over, the fact that this is a conditional use, doesn't appear to be a permitted use, and there was a catchall phrase in the LDC if they missed anything in the transfer over, you apply the old code. COMMISSIONER STRAIN: Except this? MR. YOVANOVICH: Except this? COMMISSIONER STRAIN: Except this provision. MR. YOVANOVICH: What do you mean? COMMISSIONER STRAIN: Just kidding. Go ahead. MR. YOVANOVICH: I'd be happy for this to be a permitted use and move on. COMMISSIONER SCHIFFER: I mean, it is permitted but the 5,000 foot limitation is there. So what you're saying is if the conditional use part of this was not -- MR. YOVANOVICH: Right now, if you read your code, you wouldn't see a limitation on size. COMMISSIONER SCHIFFER: I think you would. There's a footnote -- I think it's footnote 22, limits it to 5,000 feet per tenant, which is our problem; isn't it? MR. YOVANOVICH: Okay. MR. SCHIFFER: And then, unfortunately, there's no relief to the conditional use of that, I don't Page 19 1611 qSeptember 15, 200 think. MR. YOVANOVICH: Okay. Anyway, we go under the old code because there was a conditional use under the old code. And we they'll catch that glitch I think in this cycle, or whatever cycle they're going to catch the glitches in. COMMISSIONER STRAIN: Is that it, Mr. Schiffer? MR. SCHIFFER: Yes. COMMISSIONER STRAIN: okay. Ms. Caron and then Mr. Adelstein. MS. CARON: Yeah, on the prior special treatment permit it says that you're supposed to have a letter of exemption from the Army Corps. And South Florida Water Management District permits or letter of exemption, we got all the information on South Florida Water Management District. That came in our packet. I see nothing from the Army Corps. Do you all have a letter of exemption from them? MR. ARNOLD: Wayne Arnold, for the record. Our firm actually did not do the ST permit, but we did the site development plan for the Eckerd, which is now CVS. That site development plan was approved. I don't have a complete set of that file here, but we were required to show the South Florida Army Corps. And I believe there was a distinction, the Army Corps wasn't claiming jurisdiction over a portion of this. That was my understanding, so the South Florida did. And mitigation was performed throughout the Panther Island Mitigation Bank. MS. CARON: Right, and that's fine. It just requires that you have a letter of exemption from them, which is not here. MR. ARNOLD: I would have to check on that. I don't know, but I'm presuming we had it to successfully obtain this CVS. MS. CARON: And speaking of the panther mitigation, that's my next question, we should have something in here that shows that the panther mitigation was done as well. MR. ARNOLD: I don't know that the panther mitigation was required at the time of the ST approval or the Eckerd approval. MS. CARON: It's under special conditions from South Florida Water Management District. MR. ARNOLD: Right. They may or may not weigh in as a jurisdictional issue relative to the panther. That's a US Fish & Wildlife Service issue and not an Army Corps or South Florida issue. MS. CARON: But they've made it their issue. It's a special condition. MR. YOVANOVICH: Well, the bottom line is, in order for us to get our ST approved, we're going to have to get a permit issued and meet all the compliance issues. We haven't brought documentation to show you that every condition has been met on a permit. You're rarely eve -- I don't remember ever having to come in and show you that we've done that. Those are site development plan related issues. MS. CARON: Except you're referring back to this permit and so I just want to know that the permit has been followed. MR. YOVANOVICH: And we're going to have to follow all of that. And, obviously, we got an STP approved for the current drug store. And we're going to have to do that for any other future improvements on the site. I just brought that up so you all knew that there was an ST on the property and we were not changing, not trying to modify the areas of impact to what we're doing right now. COMMISSIONER STRAIN: At some point there's some clarifications that might help. Mr. Adelstein's turn right now. COMMISSIONER ADELSTEIN: I'd like to first before -- you did ask if I had any conflict or talked to anybody and I have. I talked to Don Scott and I didn't discuss it. I find it a little difficult to be in favor of this because basically you're sitting there waiting and waiting and waiting and I think there's something else we can do. I understand that if you are willing to participate in a fair share payment above road impact fees, which would be required in order to get this thing straightened out because US 41 and US Page 20 1611 C 4 September 15, 2005 951 are definitely going to have to be repaired to get this thing started. I'm just wondering if we could get some of the developers in this area to get involved just to clear this matter up and get it started. MR. YOVANOVICH: And Mr. Adelstein, I'll be happy to tell you where we are on that. We've done exactly what you're suggesting. There has -- there is a consortium existing of approved project developers and people who are going to be going through the rezone process to rezone the property to do just that. To meet with staff, to talk about how we in the development community can remedy a deficiency in that area. You're not going to get every little piece, but the overall group -- COMMISSIONER ADELSTEIN: I understand. MR. YOVANOVICH: There is a group in place. We've already had some preliminary discussions with staff about how we could fix this problem, and we will -- I'm sure we'll participate for our fair share of fixing the problem. COMMISSIONER ADELSTEIN: So, we're talking about road improvement impacts above -- MR. YOVANOVICH: Yes, sir. COMMISSIONER ADELSTEIN: And you're willing to put this into your motion? MR. YOVANOVICH: Well -- COMMISSIONER ADELSTEIN: On a contingent basis that you -- MR. YOVANOVICH: Well, I can tell you -- first of all, we know that unless the road gets fixed, we can't go forward. We will work with the other developers in the area and try to get this thing fixed. I don't think it's appropriate to start dictating in this what that arrangement is going to be and how much each person's fair share is. COMMISSIONER ADELSTEIN: I'm not asking that. I'm saying, if you will participate in this, I will have a feeling that we're not just sitting here waiting spinning our wheels, we're actually going to try to move forward so you can actually develop and build this. MR. YOVANOVICH: To the extent that we need to be a participant, we will. But we may or may not need to be. Depending upon what happens as far as concurrency. This may be some concurrency freed up. We don't know. But yes, to assure you, there are some big players who are prepared to address the issue to both US 41 heading east and the intersection of 951 and US 41. COMMISSIONER ADELSTEIN: And you are one of those players? MR. YOVANOVICH: Me, personally? COMMISSIONER ADELSTEIN: No. Your developer. MR. YOVANOVICH: They haven't really been part of those discussions. They're such a small piece of the puzzle that they haven't really been encouraged to be part of the fix. COMMISSIONER ADELSTEIN: Well, I kind of feel that they should be. Again, this is -- they're on that corner lot that really is going to sit there for a long time unless something gets done. MR. YOVANOVICH: I understand. We understand that one of the conditions is that we don't get to go forward unless there's a fix. We also know there's only a three -year life for a conditional use that can get extended one more year. We have to figure out how we can get that done. Just out of necessity we have to. COMMISSIONER ADELSTEIN: Well, again, I can't understand why your developer wouldn't be able to accept the responsibility of getting involved with that so that it can be done. MR. BUCKLEY: Kevin Buckley, one of the owners. We are willing to get involved. We haven't been invited, to be honest with you. There have been no discussions so, I'm a little reluctant to start negotiating against myself at this point. I believe the staff recommendation says that we will get involved in a fair share agreement if that's -- that's one of the conditions I think, is it not? COMMISSIONER STRAIN: Doesn't it say that in the staff report? MR. YOVANOVICH: It just said we have to wait until the issue is fixed. But I guess he said for Page 21 1611 C September 15, 2005 the record he's willing to be a participant in the overall fix. COMMISSIONER STRAIN: Im writing that for a stipulation. Thank you. COMMISSIONER ADELSTEIN: Thank you. COMMISSIONER MURRAY: I would speak to transportation now. COMMISSIONER STRAIN: Can I have a turn? COMMISSIONER MURRAY: No, no. COMMISSIONER STRAIN: Mr. Yovanovich has been waiting patiently for my questions. The ST overlay goes over the entire property. It's called a special treatment development permit. That's what this property obtained when it came before us in 2002. The conditional use you're asking for, and I have gone through staff with this to verify, apparently is a need not just because you want to go to a larger building, but because if you didn't get an approved conditional use, you could not then have the ST permit renewed administratively. You'd have to come back through the public process for the ST permit. Is that -- does that -- is that some of your understanding? MR. YOVANOVICH: That's my understanding. We're doing the process we need to follow to take care of the ST issues as well as the use of the conditional use. COMMISSIONER STRAIN: Okay. That's a little different than I thought you articulated earlier. The neighborhood informational meeting that you had and today's meeting that we have, you noted the lack of attendance of neighbors. Well, this is the summer. May be contributory to that lack of attendance. MR. YOVANOVICH: I know that most homeowners associations, and I'm fairly certain that Falling Waters is no different, have people around and they do survey their people and do what they need to do if there is objectors to a project. COMMISSIONER STRAIN: There's a buffer along the residential portion of this project, and I spoke to you about this. It goes from the edge of the storage area and all the way to the east and ends at your property line. Do you have any objections to making sure there's a wall, a six -foot wall in that area as well? MR. YOVANOVICH: For the residential portion? COMMISSIONER STRAIN: Yes. MR. YOVANOVICH: I believe, yes. We have no objection. COMMISSIONER STRAIN: Staffs indication is they believe it was on the plan, but I didn't see it noted in the text anywhere, so I wanted to make sure it got added. COMMISSIONER ABERNATHY: It's already there. COMMISSIONER STRAIN: Well, it says it appears to be up labeled wall is shown inside the 15 -foot wide B buffer to separate the residential uses from the commercial structure. I just wanted to make sure that it is there. MR. YOVANOVICH: It is. That's the stipulation you can add to the list. COMMISSIONER STRAIN: You do know staff found this inconsistent with the GMP. MR. YOVANOVICH: Unless there was a stipulation that says we could not move forward. COMMISSIONER STRAIN: And this brings up an interesting process, and maybe county attorney can comment on it. Whatever happened to being consistent as a requirement instead of being consistent as a condition? I mean, are we setting a precedent here that opens the door for basically any form of this to happen in any resolution to the GMP? If someone disagrees with it, can they get a condition and get approval and then later on get it fixed? It's kind of backwards. MS. STUDENT - STIRLING: Well, I think I might want to talk to transportation about that as well, but I think if there's a condition that they can't go forward and they couldn't go forward anyway, then we're protected. COMMISSIONER STRAIN: I'm going to have some questions for transportation to -- in Page 22 1611 C t� September 15, 2005 comparison to the existing use because I want to understand the impact of the traffic, and hopefully Mr. Reed will tell us that they're less in a few minutes. In your neighborhood information meeting, you stated the following sentence. The following is a transcript of the meeting. And I didn't find a transcript attached. Do you have a transcript somewhere you failed to give us? It's in the packet that was provided to us. It's on -- it says D. Wayne Arnold AIC of Grady Minor & Associates and Richard represents the Southern Centers at a meeting held on August 30th at Lely High School basically. It says the transcript is following. I don't see a transcript. MR. ARNOLD: We did prepare a transcript. It was approximately two sentences long because we simply opened the meeting and noted that one of the persons in attendance was Mario Curiale who you've seen the properties lying to the east of us. And I believe it was his wife that accompanied him. We discussed with him before we formally opened the meeting because there was such low attendance we kept waiting for more people to try to arrive. COMMISSIONER STRAIN: She's got to write as fast as we talk. MR. ARNOLD: I'm sorry. COMMISSIONER STRAIN: I'm trying to go slower, too. I appreciate that. So the transcript is the two sentences you've added to the page that was submitted with our packet basically? MR. ARNOLD: I didn't bring a copy of the transmittal back to staff but we dictated off of the audiotape that we took and transmitted that back to staff. COMMISSIONER STRAIN: I just wanted to make sure something wasn't missing because it appeared that way. Richard, I know you reviewed the Exhibit B landscape plan that you and I discussed. MR. YOVANOVICH: Uh -huh. COMMISSIONER STRAIN: And staff has suggested some language that would further qualify, but I think you've stated earlier you have no problem incorporating the Exhibit B as landscaping for your project with the exception that the areas you're disturbing with your new structure, those areas will have to be relocated, but the same quantity will remain on site? MR. YOVANOVICH: Yes, sir. COMMISSIONER STRAIN: Okay. Then my next question would actually be of your traffic engineer, if he's here, which I know it must be Reed sitting there. MR. YOVANOVICH: I think he's still here. MR. JARVEY: Reed Jarvey, for the record. COMMISSIONER STRAIN: Hi, Reed. Thank you. Could you tell me what the ADT of that 266 -foot restaurant, which is approximately 8,000 square foot in size would be versus what ADT for the Office Depot would be? MR. JARVEY: I did a traffic generation for a 266 -seat restaurant. I did not do an 8,000 foot one, but I did a 266 -foot high turnover sit -down restaurant and the ADT is 1,285 daily trips, pass by deduction would be 43 percent, for about 552. Comes out to total about 732 trips. COMMISSIONER STRAIN: And what is the ADT for the Office Depot? MR. JARVEY: Office Depot is 662 trips, and the TIS we did not do passby because I wasn't doing a light comparison. If we do passby of about 25 percent, which is on the low side of commercial, that's a minus 166 for a total of 497 trips. COMMISSIONER STRAIN: So in either case -- you're 50 percent or less, in some cases 50 percent less than in traffic count? MR. JARVEY: It would be slightly less. COMMISSIONER STRAIN: You're actually reducing the traffic impact? Page 23 1611 C September 15, 2005 MR. JARVEY: Yes, sir. COMMISSIONER STRAIN: That was one thing I wanted to know. Next will be for Mr. Scott. If anybody else has any questions of Reed, go ahead. COMMISSIONER SCHIFFER: Not of Reed. I'm sorry. Of Wayne Arnold, but go ahead. COMMISSIONER STRAIN: Reed, I think we're finished with you. Thank you. Wayne. MR. SCHIFFER: Wayne, just a quick thing, on the site plan you showed, you described a building area of 2.6 acres. Could you change that word to be impervious? I wouldn't want anybody to think we're allowing a huge -- MR. ARNOLD: Oh, I'm sorry. Yeah, it was meant to be the building envelope that's supporting this. MR. SCHIFFER: Instead of building area, just call it impervious area. MR. ARNOLD: I don't even know that that would be the impervious area. Maybe we'll call it the development envelope, or development area because we were working based on the original ST permit, and the area that was dedicated as the natural vegetation retention area and the other landscape plan. Everything else became the Eckerds site and this proposed -- COMMISSIONER SCHIFFER: So what word -- I mean, the word building, somebody could safely assume -- this is a huge building. MR. ARNOLD: Probably something to the fact of development area, or development envelope or something to that effect. COMMISSIONER SCHIFFER: All right. MR. ARNOLD: Be happy to. COMMISSIONER STRAIN: Anything else? Mr. Murray? COMMISSIONER MURRAY: I wanted to discuss some of the transportation matters, and that would be with Mr. Jarvey, I believe first. I'm going to apologize in advance because I struggle with this stuff. I'm not clear on a lot of things so please forgive me if I am asking dumb questions. Let's start out with page one, introduction and summary. MR. JARVEY: Yes, sir. COMMISSIONER MURRAY: And your conclusions and recommendations, you speak to the roadway links in the immediate vicinity of the project. What would that be? Just help me understand what the immediate vicinity would be. Is that -- if I were to look on the visualizer here, whatever this is called, the TV screen, is the area in blue, is that the immediate vicinity or does it go beyond that? MR. JARVEY: We would -- immediate vicinity is usually the road links we touch, which would be 41 and 951 in this case, which would be exactly what you're saying. There's no real definition of immediate vicinity as such, but generally I would say the initial, what we access, which would be the blue /gray on your screen. COMMISSIONER MURRAY: Okay. Now you've indicated it will not significantly impact intersection operations and I appreciate your statement there. And it's posted at 45. There would be no need for a decel lane because the traffic is already slowing on 41 going west. So I can appreciate that. Although, is there any talk of any decel lane put in there? Do you have any qualification against that? MR. JARVEY: Actually that would be more defined at say a development level. COMMISSIONER MURRAY: Okay. Fine. MR. JARVEY: To have specific uses. COMMISSIONER MURRAY: All right. On page -- let's see -- three. Under committed roadway improvements. And you speak of road improvements committed for construction in order to alleviate current area road deficiencies that are currently under construction or scheduled for construction within the next two years. Is that an absolutes fact? Are we really scheduled for construction in the next two years in Page 24 1611 C 4 September 15, 2005 that area? I thought that was a consortium matter. MR. JARVEY: Which statement are you looking at? COMMISSIONER MURRAY: I'm referring to committed road improvements. And it's the second sentence. MR. JARVEY: Okay. That's a standard -- COMMISSIONER MURRAY: Boilerplate? MR. JARVEY: That's just boilerplate. We are talking about the construction projects that are in the next two years. That's not -- and the next paragraph that are those expansion projects. COMMISSIONER MURRAY: Okay. So you're saying they are absolutely scheduled; is that correct? MR. JARVEY: They were at the time this was written. Now, I will note that the second, I guess it's the third paragraph, talks about State Road 951. At that time the intention was to include it into these CR 951 expansion to the north. That has since been superseded that it's not tied to the 951 expansion to the north with the WalMart, WCI, Remar, DCA. They're actually expanding it independent of the CR 951. COMMISSIONER MURRAY: I'm aware of that. That's why I'm posing the question. I'm not really clear that that's moving forward either. It requires DOT, FDOT approval if I am not mistaken. MR. JARVEY: Correct. COMMISSIONER MURRAY: All right. If I can bring you to page four -- and here is where I prove my struggling. You reference, and I see it here, you use, because there is no -- the office supply super store is a shopping center you're using as a base line? MR. JARVEY: Yes, sir. COMMISSIONER MURRAY: Okay. And I did try to do some arithmetic here and I noticed in the site generated trip estimates, unless I misunderstood this, and I probably have, because I heard numbers that are far in excess of this. If I bring you to the line that says total, it says 60 and then 198 and then 30 percent, and then a total estimated trips of 60, and of course that's a.m. peak 17. And guess maybe I misunderstood this. Are we saying there's 77 trips? That can't be right, can it? I'm sure it means something but obviously not what I -- MR. JARVEY: Let me see. 77? COMMISSIONER MURRAY: Well, If you add 60 total p.m. trips and 17 total. MR. JARVEY: Oh, okay. I see what you mean. COMMISSIONER MURRAY: Help me to understand that because I'm struggling with that. I didn't believe my own conclusion. MR. JARVEY: No. What it says is in the p.m. peak hour or -- let me just start with p.m. The p.m. peak hour is defined as the highest one hour within the time between four and six. COMMISSIONER MURRAY: I've come to know that. MR. JARVEY: Okay. The a.m. peak hours, highest hour between 7:00 and 9:00 in the morning. And it's just, what this says is that, it is anticipated that there would be 17 a.m. peak hour trips in that one hour. And the second hour of that two hour block would be less. COMMISSIONER MURRAY: So that's a snapshot? MR. JARVEY: It's just a snapshot. COMMISSIONER MURRAY: Okay. That clears that up for me. Because I couldn't imagine how a super store could operate with 77 trips. MR. JARVEY: No. This would be in the p.m. which is generally in all retail, is generally the higher hour is roughly 60 trips, and other hours would be less than that. COMMISSIONER MURRAY: Okay. Now on page five if you go back down and total traffic volumes. Page 25 1611 September 15, 2005 MR. JARVEY: Yes, sir. COMMISSIONER MURRAY: I'm not sure I understood the sentence. It's very much towards the bottom. It says no growth projections were computed as directed by Collier County staff. I don't understand that. MR. JARVEY: What we've done is, in recent years, we've gone to more of the concurrency level, previous to the concurrency system we have now. We would do a background growth saying that if the project is going to build out in two years, we do two years of background growth and put that in your background. Now we add the concurrency banked trips to the existing traffic to do that background. COMMISSIONER MURRAY: That supersedes the prior method? MR. JARVEY: Yes, sir. COMMISSIONER MURRAY: Okay. So you're looking at what the real state of the road seems to be? MR. JARVEY: Yes. And then we probably should change that statement -- just -- that's just the way we do it now versus, you know, when we first started doing these, staff told us that's how to do it and now it's just routine now. COMMISSIONER MURRAY: And where I had problems too is I noted that, in some instances we used 2004 and then we used 2005, then we used 2006 as references for various data. And it became a little bit more challenging for me. But on page six I wrote a question here for myself, having to do with us just than the database there, besides the Collier County traffic data manual turning, blah, blah, blah -- MR. JARVEY: Right. COMMISSIONER MURRAY: I wrote -- what year is that referencing? What year is that supposed to -- these data we use to distribute the approach volumes, what year was that? MR. JARVEY: I have to look back in the appendices. COMMISSIONER MURRAY: Because I see you have SR 951 south of US 41 a negative 203, and it seems that you have some dispositives seem to be so significant. I can't imagine we're -- we're suppose to beat 110 percent and it seemed to be we have an awful lot of trips available. MR. JARVEY: Let me just talk about the whole thing -- COMMISSIONER MURRAY: Please. MR. JARVEY: -- down in that area. It's probably easier. What's happened, when this was prepared, which I think was April, at that point in time the portion of 951, state portion south of 41 had a -- using the concurrency system, had a negative 203 trips on it, which we had more trips. That is the total 2,173, of that number, 323 were actually bank trips, and 180 -- excuse me, 1,850 were actual measured trips on the road. We would -- what our concurrency system does is we add those together and say the total volume is 2,173. The level of service, or the service volume, flow volume on that road is 1,970, so you subtract the two you get a negative of 203 at that point in time. Using the same philosophy US 41 east was done, and at that point in time, you got remaining 80 trips were available. Since that time in April of this year US 41 has gone to a negative also and is actually at 110 percent. I think it's 111 percent or something like that, of its volume. From using our concurrency management system, there's only about 600 or so trips measured on US 41, but there's 400 and -- excuse me -- 355 bank trips since then, probably another 100 or 200 bank trips which are not actually on the road, but they're in our concurrency management system. So those two roadways right now are over 110 percent of capacity. The other two roads in the area, which are 951 north and 41 west of the intersection are in okay shape. They have respectively 318 and 1,217 trips remaining. Probably a little less today, but as of this writing, they would have a fair amount of excess. COMMISSIONER MURRAY: But if this consortium of Wal Mart and Remark and WCI goes forward with a rebuilding of that intersection area, that would benefit your, you know, your client, would Page 26 1611 C 4 September 15, 2005 that not? MR. JARVEY: Yes. COMMISSIONER MURRAY: That would open the envelope. I don't recall there are that many more trips generated by that in any event. MR. JARVEY: It would only open the envelope on 951. It doesn't do anything to 41. So at the point that this was written, it probably would solve the problem for them concurrency. Since that time, the 41 has gone under, or over capacity and the WalMart fix does not fix 41. Now the consortium that Rich talked about of major players in the area is looking at working with transportation staff about a fix for the whole area. Both the 951 and the 41. COMMISSIONER MURRAY: Are you talking about the fly over? MR. JARVEY: It actually isn't determined yet, but most probably. COMMISSIONER MURRAY: Okay. If I can bring you down on page six to where it says link analysis. MR. JARVEY: Yes, sir.2. COMMISSIONER MURRAY: And if you'll go to the third sentence it says, Collier County staff has directed on other recent projects that the performance standard service flow rates from the concurrency segment tables, period. I think you wanted to finish that sentence, but it somehow slipped. MR. JARVEY: I think it shouldn't be a period. If you continued on and say the link tables -- COMMISSIONER MURRAY: The linked levels of service were evaluated. Okay. MR. JARVEY: Yeah. I think there's an extra period in there. COMMISSIONER MURRAY: All right. Okay. I did verify the percentages and they do seem to be based on these data tat they do seem to be applicable. I do have on page eight where the p.m. peak intersection analysis where I just wanted to be sure clear, I think you've already explained it, but I want to be absolutely positive where you reference on page eight signalized at the bottom over there, level of service D6608, and then a total traffic number of vehicles 6660.49 seconds and 48 seconds delay. MR. JARVEY: Yes, sir. COMMISSIONER MURRAY: This is data for today or data for April? MR. JARVEY: That's data projected to 2006. We had a -- COMMISSIONER MURRAY: Oh, that's the 2006 item? MR. JARVEY: Yes. Now, this is a different -- you know, we talked earlier about we used the concurrency system. COMMISSIONER MURRAY: This is Syncro, yeah. MR. JARVEY: The Syncro is the software. What it does is adding our traffic on shows approximate one second more delay. And quite frankly, that's probably not miserable, but that's what the -- COMMISSIONER MURRAY: That's what the computer tells you. COMMISSIONER MURRAY: The computer tells us that. COMMISSIONER MURRAY: All right. I think you've answered all of my questions, and I truly appreciate your patience with me. MR. JARVEY: Yes, sir, you're welcome. COMMISSIONER STRAIN: Commissioner, we'll take a ten - minute break for the court reporter. (Whereupon, a brief recess was taken.) COMMISSIONER STRAIN: We'll call the meeting of the Planning Commission back to order. MR. YOVANOVICH: I'm just here in case you have more questions. COMMISSIONER STRAIN: I think Mr. Murray concluded his questions. COMMISSIONER MURRAY: I did. Page 27 1611 September C 4 1552005 COMMISSIONER STRAIN: For Mr. Jarvey, I just had a follow -up question of something I had heard during the discussion of Mr. Jarvey. I thought I heard that there were no decel lanes changing in and out of this facility. If I'm not mistaken, there are decel lanes in both -- in all directions, is that correct? MR. JARVEY: Frankly, I don't remember the answer, but I believe there might be. I can't -- COMMISSIONER STRAIN: There has to be if the original plan is to have been approved on this project. MR. JARVEY: I know there is one on 951 because I actually remember seeing that one, I just don't remember on 41. COMMISSIONER STRAIN: Well, on 41 the plan that was approved on the resolution 002422 shows the decel lane on that plan Exhibit A. If it's not in, it needs to be in. COMMISSIONER ABERNATHY Yes, it does. They've got to add one for that drug store. COMMISSIONER STRAIN: I drive by there enough. I thought -- well, I wanted you to verify it for the record. MR. SCOTT: Don Scott. The right turn lane for 41 goes back beyond it, so it's a turn lane for it now. 951, we'll be dealing with the design of that with the Wa1Mart. We'll be dealing with that issue when we come forward with that project. Whenever US 41 is rebuilt, if there's any changes to the intersection too. COMMISSIONER STRAIN: So in essence, the project does have decel lanes going in both entrances? MR. SCOTT: Yeah. COMMISSIONER STRAIN: I wanted to make sure that was happening. COMMISSIONER MURRAY: Thank you, Mark. COMMISSIONER STRAIN: You're welcome. Before Mr. Scott comes up, were there any other questions of Mr. Jarvey? If not, Mr. Scott. Oh, I had a question, a follow -up question of Mr. Scott before we get to you, Kay, if that's okay. Don, and it's Don Scott for the record. You had raised an objection as inconsistent with 5.1 and 5.2. Was the plan that was approved previously inconsistent with 5.1 and 5.2? The special treatment development permit that was already issued? MR. SCOTT: On the previous one? COMMISSIONER STRAIN: Right. MR. SCOTT: Yes, it was. COMMISSIONER STRAIN: Well, I'm asking if it was inconsistent. How did it get approved if it was inconsistent? MR. SCOTT: Oh, yeah, that was prior. Sorry. I'm thinking of the other development in there, too. That was previous to our problems. COMMISSIONER STRAIN: Okay. Now, when a project is approved, from what I understand of checkbook concurrency, aren't you supposed to allocate its density on the books at that time? MR. SCOTT: Not if it's -- well, first of all, the rule now is different than the rule at that time. So we didn't have a book at that time. COMMISSIONER STRAIN: In 2002? MR. SCOTT: Yeah, we didn't have a book at that time. COMMISSIONER STRAIN: Okay. Then that moots that question. I was just trying to understand how if it was willing to work at a higher traffic count before, why it wouldn't work at a lower traffic count today. MR. SCOTT: I see where you're going. COMMISSIONER STRAIN: The timing of the six laning portion of 951 from US 41 north, when 1611 C September 15, 2005 is that due to be started? MR. SCOTT: It's programmed in 2006. COMMISSIONER STRAIN: The start? MR. SCOTT: Yeah. COMMISSIONER STRAIN: How long will it take? MR. SCOTT: At least two years, maybe two- and -a -half. So 2008 to 2009. COMMISSIONER STRAIN: You know where I'm heading, Richard. The current status of the intersection, I believe there's a little bit of concurrency left, if I'm not mistaken, but they're going to make improvements south of US 41. MR. SCOTT: Right. COMMISSIONER STRAIN: When that hits -- and this is from what I remember in the paper -- there's a couple hundred thousand trips maybe that may be left over for other projects. MR. SCOTT: You mean a couple hundred trips? COMMISSIONER STRAIN: Couple hundred, yes, I'm sorry. If that were the case, this project could then fit into that period of time? MR. SCOTT: Possibly. COMMISSIONER STRAIN: Could it fit into today's period of time? MR. SCOTT: If it was done today? COMMISSIONER STRAIN: Yeah, if they came in tomorrow for an STP, could they get it? MR. SCOTT: No. COMMISSIONER STRAIN: If they came in when the six laning south of 41 to Manatee Road was completed, could they get it? MR. SCOTT: No, because of 41. COMMISSIONER STRAIN: Okay. So they really are locked out until 41 is improved. That's east of 951? MR. SCOTT: That's why talking about the big picture improvement is why we're talking about that. COMMISSIONER STRAIN: Okay. Because if you're going to have some excess capacity when the improvements are made south of 41 for that intersection, which is what I thought I read in the paper, then I wouldn't see why -- I was thinking they were going to try to qualify for that. MR. SCOTT: To Reed's defense, he wrote it at the time we didn't have the problem on 41 now or, it was foreseeable, but -- COMMISSIONER STRAIN: Well, their traffic impact statement indicated a completion date of 2006. When do you think, based on your best guess of the traffic concurrency in that area, this project could get permitted? MR SCOTT: See, it all depends on the consortium and everything we're talking about here, and approval by FDOT. COMMISSIONER STRAIN: The consortium that they're talking about wouldn't have effect until it was funded, designed, permitted and built. We're talking years down the road. MR. SCOTT: No, it will because it's either going to bring money to the table that moves phases forward to get it designed, built, or it doesn't, and everybody waits. I mean, the big picture is an overpass at 41 and 951, or fly over. Whatever it turns out to be and widening 41. The two of those together maybe a hundred million, depending on how far you go on 41. It's a state road. It's a state project right now with a PD &E study. If we had to wait for State and Federal funding, which is fine. We're going to --we advance PD &E, we'll advance design because design is not that big of a, you know, a bite. When it gets to right of way and construction, if we waited for State and Federal funding, we're talking 15 years. That's not Page 29 1611 C 4 September 15, 2005 acceptable to anybody. That's why even if it -- if they weren't talking about doing something, we'd have to go find them anyway if we wanted to move the project up. So, based on schedule right now, four or five years, you know, just depends. COMMISSIONER STRAIN: That's what I thought. That's the only questions I had of you, Don. Are there any other questions of Don? Commissioner Schiffer? MR. SCHIFFER: Don, is there -- will there be any need for right of way on this property to do any of those improvements? MR. SCOTT: Well, and that's -- I don't think so, but the one side of it when you talk about -- I was looking at the previous language in there, fair share pavement. Pavement doesn't always have to be pavement. It might be stormwater. Might be right of way if you did need 12 feet or whatever. That's kind of the way we're trying to look at everybody up and down the corridor. It doesn't always have to be monetary. It could be in -kind services too. MR. SCHIFFER: Is it something you'd like to condition this application on? MR. SCOTT: I had no problem the way Lindy was going with stipulation of fair share above. And the fair share can always be monetary, or it can be something else. COMMISSIONER SCHIFFER: Okay. Thank you. COMMISSIONER STRAIN: Okay. With that I guess we'll -- thank you, Don. I guess we'll ask for the staff s report. MS. DESELEM. Good morning. For the record, my name is Kay Deselem and I'm a principal planner with Zoning & Land Development Review. You have the staff report in front of you, I assume. It was sent to you. And I'll just cut to the growth management portion of that staff report because the other reiterates what the petitioner has already discussed with you as far as the proposed uses and the location. This particular parcel is in an urban commercial mixed use activity center subdistrict and staff has reviewed it for consistency with the comprehensive plan noting particularly the factors surrounding the note about the smart growth policies. All new and existing development shall be encouraged to connect local streets, and noting that this particular project does not show an interconnection to Falling Waters, however, it does show a connection to the end development track along 41. The project will also provide the code required buffers to separate it from the residential uses within Falling Waters. And as has already been discussed, staff has noted and the petitioner has also addressed the fact of the design of the parcel and where the parking lot is going to be, where the trash dumpsters are proposed in the loading area. Staff believes that's an appropriate way to design the project to be most compatible with the nearby residential uses. The staff report goes on to address the environmental element, and environmental review staff has reviewed this petition. And at the last minute, so to speak, the petitioner has been aware, but since your packet went out to you, we have discussed a new condition that had been added. It's condition number seven, and that addresses the buffering plan that was proposed and approved as just part of the ST permit. And we have added a condition to that as was alluded to by Mr. Yovanovich. And the transportation element is discussed, and this is some of what has been discussed already, as far as the growth management consistency finding. And, yes, the particular proposal as proposed at this time, would not be consistent with the Growth Management Plan, however, staff has reviewed it as an overall recommendation of Growth Management Plan consistency noting that the growth management allows for mitigating factors, thus allowing for, not really an overturn of the transportation element, but allows for it to be found consistent because of the mitigating factor. In this case, as in previous cases, I would note Regal Acres PUD timing as in the extension of time and the notation that they cannot go forward until such time as currency capacity exists, has been determined to be an acceptable mitigating factor. The staff has recommended approval based on a recommendation of consistency with the growth management plan Page 30 1611 C 15 ber tem Se p 2005 because of that timing element. And that's noted in the GMP conclusion. We have made a change in that condition, which is condition six as noted by Mr. Yovanovich that takes off any reference to phasing because this project is not currently designed to be a phase project. It's one standalone, one -story building. To further address the issues that we talked about in a timely fashion, we have condition number three that reiterates the fact that this particular developer, as Mr. Yovanovich noted, is on record to know that his conditional use is only good for the time period allowed pursuant to the LDC. And if for some reason he does not get that capacity available to him, he can either seek, you know, whatever remedies are available, as far as an extension, or what other remedies might be available, but he does know that and he understands that risk. The conditions that staff is recommending for approval can be discussed briefly, and I will tell you that condition number one identifies the extent of the use that's allowed. And this is again in reference to the fact that conditional use is required for anything above 5,000 square foot. And yes, there was somewhat of a glitch in the adoption of the new Land Development Code because portions of that were left out and the staff report, I believe on top of page two references the fact that it was in one section of the LDC and is proposed to be placed into table two of the new LDC in section 2.0403 where the conditional uses are discussed. I don't believe it's going to be in this cycle, the 2a, but it's coming up in a future cycle and that will be corrected. So, we are identifying in condition a, the maximum 17,500 square feet in a one, one -story building. And we have noted that it's limited to what's shown on the site plan. And condition number two talks, as I did, about the parking area dumpster delivery areas, to note that they have to be shown, and remain as shown on that plan because that's how they best meet compatibility standards. And as noted, condition number three talks about the expiration of the conditional use. Condition number four notes the parking areas must be provide in compliance with that plan, however, it still has to be in compliance with the LDC of parking requirements. It's not to be implied that any variance or any deviation would be granted from that requirement. And number five addresses the fact that that is a conditional site plan, or a conceptual site plan. They still are required to go through whatever approvals are necessary pursuant to the Land Development Code. For example, site development plan approval. Number six is the roadway capacity condition that makes this particular project consistent with the Growth Management Plan. And condition number seven, is the condition that was added dealing with enhanced buffering to compensate for the impacts to the ST forested lands that are lost through development of the parcel. And if you have any questions, I'd be happy to address them. COMMISSIONER STRAIN: Mr. Abernathy first. COMMISSIONER ABERNATHY: Kay, I noticed that you stopped short of suggesting any further interconnectivity of this project with it's neighbors. I think you were at a training session we had with a video that said that forcing interconnectivity on a developer can amount to a taking. There's a Supreme Court case I think that said that. So are you staying away from it because of that, or just for some other reason? MS. DESELEM I didn't necessarily stay away from it particularly. I was just noting what the site plan showed and noting that the area around it is already developed. COMMISSIONER ABERNATHY: But in one direction you said there wasn't an interconnectivity. MS. DESELEM: Right. And that's basically because of the design of the existing project in Falling Waters doesn't seem to accommodate it. COMMISSIONER ABERNATHY: Too late to do that if you wanted to. Page 31 1611 C September 15, 2005 MS. DESELEM: Basically, yes. If Falling Waters had allowed an interconnection to this site, then they could connect. But the way the buildings are situated in Falling Waters, it doesn't appear as though any kind of an inter- connect could be accommodated. COMMISSIONER ABERNATHY:: Are your planners all aware of this line of cases? It says that forcing an interconnect could amount to a taking? MS. DESELEM I can't speak for the other planners. COMMISSIONER ABERNATHY:: Are you aware? I thought you were there. MS. DESELEM: I don't recall that particular discussion. MS. STUDENT - STIRLING: Mr. Abernathy -- for the record, Marjorie Student - Stirling, Assistant County Attorney. For the taking in Federal cases to occur, there has to be a deprivation of all beneficial use. I can't see how an interconnection deprives someone of all beneficial use of their property. I'll be happy to see if there's any such case for you, but I'm not aware of one at this moment. COMMISSIONER ABERNATHY: Well, the training we were provided said it very clearly, as I recall. COMMISSIONER STRAIN: Mr. Schiffer or Mr. Murray. COMMISSIONER SCHIFFER: Kay, one thing, in the old site plan there was a pedestrian connection to Falling Waters. Is that something we want to abandon? MS. DESELEM: I believe there is a pedestrian sidewalk shown on this particular parcel. And if not, they would be required to comply with the LDC requirements in the LDC. That's one of the reasons why we note that this site plan is conceptual. And if in fact they don't show something that's required, they are, but I do believe this one does show a sidewalk along 41 and 951. COMMISSIONER SCHIFFER: What I mean is, if you look at the old -- if you look at the old exhibit, the old site plan, there is an actual pedestrian connection back on the northeast corner of the site. I mean, was that dropped on purpose or is that -- MS. DESELEM: I must admit, I didn't catch that. I don't know. I don't know what the intent was and I didn't notice that it wasn't there. COMMISSIONER SCHIFFER: I mean, it would really be Falling Waters that would want it. And it would keep their cars out of the street. The other thing in that exhibit, which is now number five, is there anything in that whatever caused this where the building has to be brought forward on the property line? MS. DESELEM: I'm sorry. I missed what you were referencing. COMMISSIONER SCHIFFER: Condition number five states that this is just a conceptual site plan. That everything is going to have to meet code so things can change. Is there any way that that can be interpreted to bring the building forward from this approval today? MS. DESELEM: Personally no, not that I'm aware of. COMMISSIONER SCHIFFER: Okay. Thank you. COMMISSIONER STRAIN: Mr. Murray. COMMISSIONER MURRAY: Another transportation question, but it's real quick. Do I understand that if this were to be approved today, that the trips would be then reserved for this company and that others who might have come forward, they'll be denied those trips? MR. SCOTT: No, they won't be reserved. COMMISSIONER MURRAY: They will not be reserved. MR. SCOTT: No, we're not -- they don't -- I mean, we're not even at site planning, so -- COMMISSIONER MURRAY: Well, I just want to make it clear for myself as well as the record this would not entitle them to a space or an allocation of trips. So, that's a good thing in my mind. Thank you. Page 32 1611 C September 15, 2005 COMMISSIONER STRAIN: Any other questions of staff. (No response.) COMMISSIONER STRAIN: Hearing none, Ray, is there any public speakers? MR. BELLOWS: Yes, we have one registered speaker. Mario Curiale. MR. CURIALE: Good morning. COMMISSIONER STRAIN: Good morning. MR. CURIALE: My name is Mario Curiale and I live -- you need my address? COMMISSIONER STRAIN: No. MR. CURIALE: No. Okay. I'm here to speak on this application somewhat. I have no problem with the project at all. The only problem I'm having is that, I would like to see that whatever guideline that I have to abide by, I would like to make sure that they will be imposed also on this project. One of the guidelines that came up to me was that we -- I have to continue the wall all the way up to my property line to be an 8 -foot wall, masonry wall, and 10 feet tall for the property line. And I would like to see that they continue the same wall. And also the setback ruling that I have that does not meet this building here. And so happen that we don't have anybody from Falling Waters here. And these people, when I had my application in here, the whole room was full. So, I don't know what happened. Maybe they all vanished or they were in Louisiana. I don't know what happened. But, again, I have no problem with the project and if guidelines will meet the same as mine, I have no problem with that. If you have any questions, I'll be glad to answer that. COMMISSIONER STRAIN: I was here when you brought your project forward, and there were quite a few differences between your project and the flexibility they were going to provide versus the flexibility that an ST permit provides. This is an St permit. It's very specific. And that may be why there are differences between this project's layout and the way it was applying, and the fact that it came in way before you, versus what you were proposing. What they're proposing here today is not a lot different than what was proposed here when it was first approved in 2002, with the exception it has a reduction in traffic. They are going to maintain the buffers that were originally agreed to in the ST permit. So it's a different kind of process than what you were attempting to do. MR. CURIALE: Okay. My main concern was, if you remember, they were concerned about the height of the building, how close the building, this and that. So I want to make sure that we don't, since there's nobody here, you know, I try bring that up. Again, I'm in favor of the project and I hope everything goes well with that. COMMISSIONER STRAIN: I just wanted to make sure you understood there were some differences between the way we look at these projects because of the way you presented yours. MR. CURIALE: Oh, no, I agree with you. I know that. COMMISSIONER STRAIN: Thank you, sir. Are there any other public speakers, Ray? MR. BELLOWS: No others. COMMISSIONER STRAIN: Before we close the public hearing, I have a couple of questions of Kay, and then I want to ask -- it might shorten our discussion so I'd like to run them by the applicant and the staff real quick before we get into discussion. Kay, on condition number five, you said approval of this conditional use shall not be construed as approved the attached conceptual site plan. The site plan shall be firmly reviewed and approved as part of the site development plan process. It's my understanding in reading the LDC that it has to go through a special treatment development permit as well as process. That the conditional use allows the staff to administratively review it for a special treatment development permit. Am I right or wrong on that? MS. DESELEM: I believe -- for the record again, Kay Deselem. I'm not exactly certain but it's my Page 33 1611 C 4 September 15, 2005 understanding that that would be handled through the SDP process. COMMISSIONER STRAIN: Okay. Well, there is a special application for an ST area. Even though this area was changed in 2002, the ST designation never got lifted off the property. And the entire property is, by staffs comments and their executive summary from 2002, is under the ST criteria. I just wanted to make sure that by stating they would be going through SDP process, it doesn't circumvent the ST process. MS. DESELEM: My understanding in speaking with Steve Linberger, who is the environmental specialist, there is a process for them to administratively go through and address the original ST development permit. COMMISSIONER STRAIN: That's what I'm looking for. MS. DESELEM: Yes. COMMISSIONER STRAIN: So that's still going to go in addition -- or it could be concurrent with the site development plan, and may even be similar to the site development plan, but it is another process. MS. DESELEM: Right. That it wouldn't be the public hearing portion of the ST permit. I guess I misunderstood your question. COMMISSIONER STRAIN: I agree with you. That's what the conditional use today accomplishes. MS. DESELEM: Yes. COMMISSIONER STRAIN: The next one is number seven. It might read better if it said the developer shall provide enhanced buffering. And than drop the words all the way from on to the word area so that it says in accordance with the landscaping plan approved by resolution 0244, landscaping relocated due to this conditional use would be relocated within the site to the same quantities on the original plan. Is that -- see, because you're referring to just the east side property around the existing preserve as proposed water management area. I have read the transcripts from these meetings involving the BCC, because it went to the BCC three times, and those transcripts are very clear. They were very concerned about the amount of landscaping and the roadway buffers as well. So I want to make sure we don't eliminate any requirement that was back then that may or may not be in place today. But I want to make sure when the final inspection is done in this property, it is in place. MS. DESELEM: Yes. I would just ask that perhaps you include something to inquire a new buffering plan that's subject to review and approval by the staff because, as I recall that building was located in a far different manner and a different place with parking behind it. So, we'll need to come to some agreement between staff and the applicant as to what's being replaced where. COMMISSIONER STRAIN: I agree with you. I have no problem with that. I just want to make sure this plan that I see as Exhibit B has a huge amount of buffering along the right of ways. I'm not sure driving by that every day that that material is there. But I do know that when this is finally inspected for this new building, the entire site will looked at and hopefully the inspector will have this exhibit with them and they can verify that this exhibit and the submitted documents match up. So that's where my -- MS. DESELEM: Yeah, I think that's an appropriate condition. I have no problem with it. I just ask when you make your motion, to specify exactly so we can get it down and know what we're putting into the conditions. COMMISSIONER STRAIN: Got you. And then the rest I have a couple questions of Richard. Hi, Rich. You've got no problem with stipulating that a wall is going to be added along the residential buffer? MR. YOVANOVICH: Correct. COMMISSIONER STRAIN: Do you have any problem stipulating that the COs for this building Page 34 1611""" September 15, 2005 will be held off until the end of 2008? MR. YOVANOVICH: Sure do. I do have a problem. COMMISSIONER STRAIN: Okay. Well, let me finish the rest of these and then we can discuss that a little more. You have any problem with the applicant will provide it's proportionate share of any fair share agreement that will come out of the private sector in regards to this capacity problem in this area? MR. YOVANOVICH: I don't have a problem with the concept of what you just discussed. That will be part of the discussions and come up and be part of the solution. COMMISSIONER STRAIN: Okay. And that -- MR. YOVANOVICH: Let me -- COMMISSIONER STRAIN: Those are the three. MR. YOVANOVICH: The reason I say that, Mr. Strain, you're talking probably about 10 to 15 different property owners. And some of them may be so small that the global solution is easier to deal with less people and people understanding that some people may get a free ride. And that may be the decision that the overall consortium says. It's almost impossible to get 15 people to agree, but you might be able to get five to agree to fund 100 percent of the improvements, understanding that some people might get a free ride. COMMISSIONER STRAIN: But the only part is your applicant volunteered that. MR. YOVANOVICH: We'll be part of the process. COMMISSIONER MURRAY: Mark. Bob Murray. There was a point Mr. Curiale indicated that there was an 8 -foot wall that he was to be required to build. Is there a consistency issue that we want to have included? COMMISSIONER STRAIN: No, because, as I was explaining that project, what Mr. Curiale was coming forward with was a straight C3 zoning. While he intended to do certain things on that project, if anybody wanted to, they could put everything they wanted there. There are different conditions. We are actually looking at a tighter plan now with more definitiveness than his project would have proposed. COMMISSIONER MURRAY: Thank you. COMMISSIONER STRAIN: And Richard, back to this date. What do you have as a problem with the date since it looks like transportation said you can't get in any sooner anyway? MR. YOVANOVICH: Well, that's not true. Under the concurrent -- we have no problem with being subject to the concurrency management system, whatever it may be at that time, as we understand it today. As you know, if the improvements are in the first two years of the capital improvement plan, it's treated as if the improvements are there. So you get to go forward. Your COs are not tied to the completion of the project. We understand -- right now I've got, we've got zoning on the property and a use on the property. We have Office Depot that we're bringing forward to you. We have a lease with Office Depot. At a certain period of time if we don't deliver the store, Office Depot will be gone. And we understand there may be some repercussions to us, but we cannot agree to the 2008 date because we will lose Office Depot if we have to agree to that date. We understand there's some risk and we're going to have to come forward with the fix. And that fix is going to have to open up concurrency for us to go forward and we're going to be working hard to get that done. We're willing to take that risk with Office Depot to hopefully get that done. We're not willing to take that -- we can't go to 2008 because we know we'll lose Office Depot, and then we have to keep what we have, which I don't think anybody thinks that's the best situation. COMMISSIONER STRAIN: The 2008 date was pegged around the six laning of 951's completion. It had nothing to do with the east side of 41, south of 41 or the fly over. And I did that on purpose. I think those are much further off in the future. My concern in all this is, if you all come forward with some plan that transportation likes, that they will probably say, you know, if you come in with this Page 35 1611 C 4 September 15, 2005 plan and you provide the funding for it, we'll let you have concurrency immediately while that plan is in design and under construction. That doesn't fix the problem. MR. YOVANOVICH: I don't -- I think what will happen, if there's a plan that we work with staff on, what's going to happen is, staff is going to go back and they're going to have to amend the CEP to show improvements funded to start construction, not design, within the first two years of that plan, whenever we get to that point. And you're probably right, the people who are going to fund that are going to want to be subject to concurrency not to completion of the road. Because why would you -- and keep in mind, as you know, just because you get zoning for -- I'll pick a number -- 700 units, you're not going to put all 700 units on the road that day. But if you're going to fund the amount of improvements that Don is talking about, you're going to expect to start getting some cash in the door to help fund those improvements. So we're going to probably talk about having to work with the concurrency management system for this consortium to work. Otherwise, you know, there's going to be a problem at that intersection without further development. Development can help bring the solution quicker. COMMISSIONER STRAIN: So what date were you thinking you were going to have this project completed? MR. YOVANOVICH: I have no idea. I know it's open ended. We're willing to take the risk of whatever the consortium comes up with and works out with staff. We know if we agree to your condition that we don't have an Office Depot. If we wait until 2008, we know we don't have that so there's no reason for us to participate in the consortium or even request the change in the use to reduce the actual transportation impacts. So we'd like to be subject to concurrency. COMMISSIONER STRAIN: Understand. It makes sense Makes sense. Thank you. That's all the questions I have of Richard. And if there's no other discussion, I'll close the public hearing and enter for motion. COMMISSIONER ADELSTEIN: I move that AR -7586 be forwarded to the Board of County Commissioners for the recommendation of approval subject to staff recommendations and the recommendations of Collier County Planning Commission. COMMISSIONER STRAIN: Is there a second? COMMISSIONER SCHIFFER: Second. COMMISSIONER ABERNATHY: Yeah, I'll second that. COMMISSIONER STRAIN: Seconded -- well, Mr. Schiffer got there first. COMMISSIONER ABERNATHY:: That's fine. COMMISSIONER STRAIN: Discussion? COMMISSIONER MURRAY: Yes. COMMISSIONER STRAIN: Mr. Murray. COMMISSIONER MURRAY: If I may. I think activity centers were intended to be places of intensity where opportunities for multiple services and products were to be available. I find it difficult, 17,500 square feet of space allocated to a super store only, and putting it in reservation basically, is troubling to me. And I find that there's so many open ends on this, it's distressing. That's my point. COMMISSIONER STRAIN: Mr. Schiffer, I think you had a comment. COMMISSIONER SCHIFFER: Would the conditions you had, would they be implemented in our motion? COMMISSIONER STRAIN: I'm going to read them. COMMISSIONER SCHIFFER: I'd like to add one more condition and that's that we do change the word building to development area on the conditional use conceptual site plan. COMMISSIONER ABERNATHY: Good, good. COMMISSIONER SCHIFFER: I don't think we want to mistakenly give approval for a 110,000 Page 36 1611 _'C 4 September 15, 2005 square foot building. COMMISSIONER STRAIN: Okay. That's a good point. Before I provide my stipulations, are there any other questions, otherwise I'll read them and you all can -- first of all, there is a suggestion of a correction of some language to number seven of the staff. I think that ought to be implemented along with one more sentence that says, a new buffer plan will be submitted with the permit process for review to make sure that it's consistent with the intent of Exhibit B of the original recommendation. That the word building as Brad had just said is changed in a development on the plan to indicate it's development area that's seeking the conditional use. That the wall will be added along the residential area along the north at six feet. That the owner will participate in the proportionate share agreement, if one does materialize, involving the improvements to that intersection. And that from my point of view, I find that this is, that consistency to the GNP for this project would be met by mitigating factors, including the least of which is that there's a significant reduction in the traffic impacts using this project as proposed versus what was proposed. That's the stipulations that I would add. Ms. Caron? MS. CARON: Did you say ST permit review? COMMISSIONER STRAIN: Well, the staff has indicated that's going to be a part of the ST process, so I'm willing to accept that. COMMISSIONER ADELSTEIN: I will accept that in the motion. COMMISSIONER STRAIN: Okay. The motion maker accepts it. Does the second accept it? COMMISSIONER SCHIFFER: Yes, he does. COMMISSIONER STRAIN: The second accepts it. COMMISSIONER SCHIFFER: Mark, just one other thing to discuss. Do we want to put the connection which was on the original thing, which is a pedestrian connection to Falling Waters or it's -- COMMISSIONER STRAIN: You know when you saw that, I did see the walkway up front. I think that's sufficient because coming from the back side of a building into a development, break -ins and stuff is not probably a good thing to encourage and that could happen that way. MR. BELLOWS: For the record, Ray Bellows. I think the difference is, when that was a restaurant site it probably made more sense and now it's an Office Depot. COMMISSIONER STRAIN: Right. COMMISSIONER MURRAY: And it is coming into the back of the building, so I agree. COMMISSIONER STRAIN: Okay. There's a motion on the floor. It's been stipulated and seconded. All those in favor signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY:: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Anybody opposed? COMMISSIONER MURRAY: Aye. COMMISSIONER STRAIN: One in opposition. Commissioner Murray is in opposition. MR. YOVANOVICH: Thank you for your time. COMMISSIONER STRAIN: That you, Richard. Now that ends our meeting portion on the petitions here today. And we have one other item on the agenda and LDC -- a continuation of the LDC special cycle 2A for 2005 that began on September 1 st, '05. It's one portion, if I am not mistaken, Page 37 1611 "C September 15, 2005 Margie, of that hearing. COMMISSIONER SCHIFFER: One thing, before we throw it away, do we have to fill out -- COMMISSIONER STRAIN: Yes. Fill out our issues and give them to Mr. Adelstein. Margie, the only portion to finish up today, if I'm not mistaken, is LDC 10;124, is that correct? MS. STUDENT - STIRLING: Yes. It's what is commonly referred to as the phantom units, ordinance and also the requirement for the buildout date. COMMISSIONER STRAIN: Okay. Thank you. Let me change books and then I'll be right with you. Okay. Margie, there's an issue with DSAC on this matter. Could you explain to us what's going on with DSAC? MS. STUDENT - STIRLING: Yes. I am going to have Ms. Fabacher explain that. Ms. Fabacher is a staff liaison and was present at the DSAC meeting yesterday. I had a conflict with another meeting and was not present, however there was coverage by our office there, and Mr. White was there because of the conflict. But I would like Ms. Fabacher to put that on the record since she was actually present. MS. FABACHER: For the record, Catherine Fabacher with Zoning & Land Development Review. Last month when DSAC met, they were concerned about some mandatory aspects of the provisions, and they asked for it to come back this month at last night's meeting, this amendment, and unfortunately, it did not get on the agenda. The regular cycle amendments got brought back and reheard, but we failed to get this one back and have it reheard by DSAC last night, so -- they've heard it once, but they haven't voted. COMMISSIONER STRAIN: Margie, what's the normal process? Don't we normally seek DSAC? This is probably a significant development impact. MS. STUDENT - STIRLING: I think it is, and we do normally, you know, seek DSAC's review and approval of land code amendments. COMMISSIONER STRAIN: I know that BCC postponed this Tuesday to accommodate our hearing of it today, and they're suppose to rehear it next week. And I certainly don't want to upset the BCC by keeping delaying this, but I honestly don't know if it's a proper venue to go forward without DSAC. What is the feeling of this board? And, Margie -- MS. STUDENT - STIRLING: I just want to offer this. And I don't know if, without benefit of DSAC, if the BCC would want to hear it either. I'm not sure what their desire would be. COMMISSIONER STRAIN: This is more on the line of DSAC's concerns on an issue like this and some of the other stuff that we normally hear. I think their input is important. Do we have a consensus on the panel of what they'd like to see happen? COMMISSIONER STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Could we review this now. I mean, we keep bringing it up and never seeing it. I wouldn't mind if we went over some of our stuff. I mean, we could wait and vote until after DSAC, but -- COMMISSIONER STRAIN: Well, I -- COMMISSIONER SCHIFFER: There are some bugs I'd like to tweak out. Might even help DSAC. COMMISSIONER STRAIN: Okay. Is that the consensus of the panel? COMMISSIONER VIGLIOTTI: I'm okay with that. COMMISSIONER STRAIN: Okay. Well, let's just move forward then. Catherine, or Margie, who is making the presentation on this today? MS. STUDENT - STIRLING: Well, I had made the presentation before and then I made some changes that I'm going to mention to the ordinance, and I'm also going to ask Ray. There was an issue about guesthouses. And, Ray, if you put on the record that guest houses are considered accessory and 1611_C September 15, 2005 wouldn't be -- I appreciate that. MR. BELLOWS: I think you just did, but I agree, the guesthouses aren't the dwelling units that count for -- COMMISSIONER STRAIN: Okay. MS. STUDENT - STIRLING: And the first change is on paragraph 8B, just to state that it applies to all residential PUD zoning district, or all PUD zoning districts with a residential component. That last part was left out. Also, wherever you find expiration date, buildout date was substituted. And if you recall, there was a comment by a Ms. Sellers who represented some developers and she was from a Tallahassee firm that referenced the termination date wasn't referenced for DRIB. I had that on my list to include anyway, but that's now included under paragraph D. I also tried to, under the exemptions, add some additional language. Also under that paragraph, the second to the last paragraph, which excess units had been retained by master property owners association, developer or like entity pursuant to restrictive covenants. Other reservations of units to the developer or like documentation recorded in the official records of Collier County Florida. I tried to broaden that to accommodate some of the scenarios that were presented by the speakers. Also in paragraph F, the project turnover of the final phase didn't say final phase before, and that was brought up by one of the speakers. And then lastly, on the last page, two items. First under paragraph G7, that we would not have the signage requirement posting on the signage requirement. And lastly the effect of the moratorium on the build out date. I had added or any other official action of the county that would otherwise limit a developer's ability to proceed with development of the project for a given time period. And then also in the last sentence, that language was also included to broaden that. And I know there was some discussion about Burt Harris, and I've looked at the Burt Harris law again, and again for the phantom units. This happens after turnover and the developer is out of the game. And I would submit that when a person buys a home or a condominium, they have no reasonable investment backed expectation, that somebody, it would be very remote, that someone might come in some day and buy them out to, you know, do a new development. I think that's pretty remote. And there's also a time period in Burt Harris, I believe five years from when the ordinance was adopted after which you can't bring a challenge. So it wouldn't necessarily be this ordinance. It would be the ordinance that would remove the excess units. So I think a Burt Harris issue is pretty remote the way it's worded. COMMISSIONER STRAIN: Okay. I'm sure there's going to be some discussion. Do you have, Mr. Adelstein, do you want to start? COMMISSIONER ADELSTEIN: I have, number one, if I understand this correctly, we're talking about the fact that I have a right when I put this together, and now you're saying to me even though I have one issue, one unit left or two units left, whatever it is, and I have no property, I still own that right? MS. STUDENT - STIRLING: Who owns the right? COMMISSIONER ADELSTEIN: Okay. I have the right now. I still own it. MS. STUDENT - STIRLING: Asa developer? COMMISSIONER ADELSTEIN: By what legal standard, by what legal choice are you actually saying that you have a right to take it away from me? MS. STUDENT - STIRLING: Who is the owner, the condo unit owner or the developer? COMMISSIONER ADELSTEIN: The developer who has all the rights to build. MS. STUDENT - STIRLING: This does not apply to a situation where developers still have some rights to build left. This applies to the situation where it has been turned over to the property owners' association and the developer is out of the game. If one exemption is written so if the developer is still in the game, they're exempt from this. That's the intent of it. COMMISSIONER ADELSTEIN: I guess if I have the right to build two more units, even though Page 39 i W 161 C September 15, 2005 there's no land to build them, I now turn it over. I still have those rights. MS. STUDENT - STIRLING: The developer doesn't own the property anymore. COMMISSIONER ADELSTEIN: We're not talking about owning the property, we're talking about the rights to own the -- to build on that property. MS. STUDENT - STIRLING: Under what authority would the developer retain the right? I don't understand the question because -- I don't understand how the developer would retain the right if he doesn't own the dirt anymore, or he doesn't retain it in a restrictive covenant or some other type of document. I don't understand how he's still in the game. COMMISSIONER ADELSTEIN: If he has a document like that, then you say you couldn't take it away from him? MS. STUDENT - STIRLING: That's correct. That's what the exception is intended to do and I'd try to make it broad, you know, broad. The developer is still in the game and has any interest in the, then it's exempt. So it's only after it's turned over -- I can just -- this is a little different, but I have a problem personally with the person that developed Wyonne Property, and I happen to see that person and talk to them about it and he says it's been turned over to the homeowners' association. I'm out of the game so you don't have any problem with me anymore. And that was, you know -- so, it would be when a developer is out of -- entirely out of it. COMMISSIONER STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And, Margie, doesn't the zoning run with the land? MS. STUDENT - STIRLING: Yes, zoning runs with the land. COMMISSIONER SCHIFFER: So in an issue where we have standardized zoning like an RSF 12, I mean, the rights of that land stays the same? Nothing ever changes. A person could build less than that? MS. STUDENT - STIRLING: Yes, they could build less than that. COMMISSIONER SCHIFFER: They could tear it down? MS. STUDENT - STIRLING: We did make some adjustments to our conventional zoning district. As I recall, however, when we did the comp plan and went through zoning reevaluation and our work caps and certain properties and certain conventional zoning districts placed on number of units, when we went through zoning reevaluation -- COMMISSIONER SCHIFFER: But in the conventional zone, even though the site is built for less, the person could tear it down and build what's allowed by the zoning? MS. STUDENT - STIRLING: That's right. COMMISSIONER SCHIFFER: So, therefore, that PUD also runs with the land. So I think even in your example, even though the developer has finished, and he really never had the rights, the land had the rights. When we give a PUD at this hearing, we're really giving the land. We're never giving a human being those rights, I don't think. MS. STUDENT - STIRLING: I think the distinction between a PUD and a conventional zoning district, however, is a conventional zoning district is something that the county puts on a map, and the county expects to have development impacts from what they put on the map. The PUD is distinguishable in as much as the property owner comes in and asks for that. So I think there's a distinction between the two. COMMISSIONER SCHIFFER: But once it's done, the PUD is the zoning classification -- MS. STUDENT - STIRLING: That's correct. COMMISSIONER SCHIFFER: -- and it runs with the land. MS. STUDENT - STIRLING: That's correct. COMMISSIONER ADELSTEIN: Do you remember -- I don't think you were on the board then, but we had a situation where 800 units were going to be given to us to be set aside. 0 m, 1611 September 15 2 0 p 5 COMMISSIONER SCHIFFER: I was on the board, and they retained another 800. COMMISSIONER ADELSTEIN: Again, this is a value and take that value from them. What they were using was to try to get waterside improvements, which had nothing to do with this area. MS. STUDENT - STIRLING: Waterside would be except from this because of the way it's set up. This is a policy decision for the board. I'm just telling you that this has been reviewed by our office. It's been reviewed by Carlton Fields and our outside counsel. We don't feel that there are legal problems with it. It is a policy decision for this board to make. And our office is in the business of providing legal advice and not, you know, advocating for a particular policy. I was -- because of complexity of this type of ordinance, legal staff was involved in the writing of it. So, a policy decision is up to the board to make. COMMISSIONER SCHIFFER: And to say on that trail, let's say a developer got approval to build something for a density and built half that density. He's gone, the people buying the units essentially, because it's a zoning district, the remaining density still resides on the land. Obviously, we're trying to come up with something that would cure that. But as this town grows, it's going to be redeveloped. I mean, we can't assume that when a developer made the marketing decision to build half of that, that five years, ten years down the road it might be wise to build the other units back. So I'm wondering why this is a wise thing to do. Because we have conventional zoning where people underbuild all the time. I think the concern that it got mixed up into to the traffic analysis, you know, Liddy, when we talked last time, you kind of handled that differently. And I think that makes sense. But in the future these units may be used. The owner of them I believe are the people that own the land. MS. STUDENT - STIRLING: I don't believe that that's the case. I think they're just out there. And if -- I discussed this with the county attorney, and we don't believe simply because I own a home in a given development, that any units that aren't built are somehow parceled out to the people that own. They're just out there in case it's ever redeveloped. But I don't own a fraction of a unit that's not built. I mean, that's not in a deed or anything. Those units are just out there. COMMISSIONER SCHIFFER: But, Margie, you're going into a subdivision situation which is, you need -- MS. STUDENT - STIRLING: I'm also talking about a condominium association. COMMISSIONER SCHIFFER: The owners of the condominium essentially as a group own the land. As a group would sell the land. And one of the assets of that land might be these additional units, so-- MS. STUDENT - STIRLING: That's possibly. You cannot sell a common element that can't be severed from the unit. When you sell a unit, the common part, whatever that is, goes with the unit. I have a condominium statute here. So in the event of redevelopment, that could occur. I'm saying from a legal perspective, I don't think there's a Burt Harris problem there because I don't believe that when you purchase a condominium, you have a reasonable investment expectation that some day a developer might come and be able to get all the owners in that condo association to agree, which in my experience with condo associations, it's hard to get all the owners to agree. But, if so, to then come and redevelop. And I think that's pretty remote. So from a legal perspective, I don't think that's a problem. COMMISSIONER SCHIFFER: Well, let me -- my experience as a condo owner in urban areas, it's not that remote. It's rather a healthy thing for units to do and sell out. So I don't think that's not going to happen where people aren't going to sell their condo to a developer. COMMISSIONER STRAIN: I think in Louisiana right now there's a lot of people anticipating building more density in places where there may have been less. And if that density was on their properties, they may have an advantage to it. MS. STUDENT - STIRLING: Again, this is a policy decision for you all to make. COMMISSIONER SCHIFFER: That's why we're discussing it. Page 41 1611 "C September 15, 2005 MS. STUDENT- STIRLING: I don't feel that there are any legal problems here. COMMISSIONER SCHIFFER: And my concern is, for example, let's take a guy who is building on a density of 12 units per acre and he only builds six units per acre. Isn't he doing the same thing? I mean, he's not fully utilized the land. So, essentially what we're talking about is people that don't fully utilize PUD zoning. COMMISSIONER STRAIN: That's like the project we just seen near MAC Builders. The people have RSF six zoning up behind them but they're living as estates homes. They don't fall into this category, from what I understand. So they would have the right to change their density, tear their house down and sell it to a developer for six or 12 units per acre but yet we're telling someone else who actually paid for the right where they wouldn't have had to pay for it. These people actually paid for it and did studies to prove it and now they're having it taken away from them. COMMISSIONER SCHIFFER: And isn't the inspiration for this move solely to free up the traffic? COMMISSIONER STRAIN: Well, that's where I was going to go next. If you take a look at the issues that are exempted from this, exempts vested, I imagine, PUDs through any development agreement or anything like that. If a developer simply does a restrictive covenant or other reservation of units to the developer entity, he's exempted. In the end, I'm just wondering what's left. Because the density that everybody seems to be concerned about is that huge density out there like we saw in Waterside Shops and all that, but none of that is coming under this because all the new projects coming in, we don't give them that kind of density, or if we do, we put catch -alls in there. So, I don't see the problem appearing today. One final note -- I want to get it all out before somebody interrupts me and I forget. We have an issue right now with the road system that is clogged. It's getting not that much better that quickly. By giving up this density so to let only more on, I'm not sure that little buffer that remains on the road system, by what little this would have an effect on, isn't a good thing just to leave. COMMISSIONER SCHIFFER: I agree. COMMISSIONER CARON: And we want to spend almost a million dollars to do this? COMMISSIONER SCHIFFER: Like I said, no one is running around wondering where the cars are. The phantom cars are not a problem. COMMISSIONER STRAIN: I have a lot of -- MR. SCHMITT: $79,000. COMMISSIONER CARON: Sorry. Times 12. MR. SCHMITT: That's start-up costs. COMMISSIONER ADELSTEIN: That's not the full thing. A million dollars -- COMMISSIONER STRAIN: One at a time. COMMISSIONER CARON: And that's time 12. COMMISSIONER STRAIN: That's 12. So that is times 12? $79,000 times 12? COMMISSIONER SCHIFFER: What is this you're saying now? COMMISSIONER ABERNATHY:: It's a ball -park figure. COMMISSIONER VIGLIOTTI: Starting figure. COMMISSIONER STRAIN: This program on a community basis, which is there's 12 designated communities in the county, each designated community would run about $79,000 to handle this process, times 12 would be whatever it comes out to. COMMISSIONER CARON: Almost a million dollars. COMMISSIONER SCHIFFER: And again, can't transportation decide to remove these phantom units on their own? COMMISSIONER STRAIN: Well, that's what I was hoping Mr. Scott would like -- he's dying to Page 42 S 16 teffi r�IS, 295 4 address this issue. Mr. Adelstein would like to ask you a question, Mr. Scott. COMMISSIONER ADELSTEIN: I'd like to make a statement first. I don't see any reason why -- what we discussed at the last meeting go forward. Just the fact that we're doing it for the road availability. And I don't see anything, or any availability. What I'd like to see is, this goes to the Planning Commission -- to your staff and you can use it on a computer basis to get done exactly how many units are still no longer being used having nothing to do with this bill. Whatever they're doing, let them do it, but yours has to be not an annual basis. You need this on a day -to -day basis if you can get it. And I would think that would be the way it should go. MR. SCOTT: There's many different ways we could do it from like we talked about before. I believe this will still go to the board because the board requested it. But that's the discussion we can have with the board from a policy standpoint. You can just say, let's spread, you know, phantom units over years, if we want to do it this way. Keep it in there for the buffer side of it. I mean, it's funny when you bring up the buffer side to it, we put presumptions of reserved and banked trips that are probably buffer too because they might not be that level in the future too. You know, that's probably a good thing in the end like you're mentioning because real trips are the problem right now, so -- COMMISSIONER SCHIFFER: Don, do you have any idea if these are removed what percentage are -- I mean, are we talking about the significant situation, or munitia in the traffic count? MR. SCOTT: It's not as significant as I think the original intent was to try to magically get rid of, you know, all units above. And, obviously, there's legal concerns with doing that, so -- it's trying to get to a real number of what really are you going to build and let's just get rid of the rest. It's not something that we can do so -- COMMISSIONER STRAIN: Well, I know -- MR. SCOTT: When you touch on it, if you look at the list of what I have in my concurrency system from the top, the DRIB are the big ones and things like that. That's the big -- COMMISSIONER SCHIFFER: And wouldn't the money be better spent on buying those remote traffic counters you want and stuff? MR. SCOTT: We are doing that through PUD monitoring right now anyway, so -- COMMISSIONER STRAIN: Mr. Schmitt. MR. SCHMITT: The only way we'll ever go after a DRI is once the DO on the DRI expires and then we can go back after the PUD. COMMISSIONER STRAIN: But you can do that now, can't you? MR. SCHMITT: Not without this ordinance. I mean, we would -- let's say probably the next, or the closest sites would be the Vineyards. When that DO expires and they build out, eventually when the DO expires, it's no longer DRI, then we can go after the PUD and then take the excess units from that PUD. But that may result, right now from what I understand, maybe somewhere around 500 units. We'd have to do the same thing and wait for Lely to eventually expire. COMMISSIONER STRAIN: If their DO is expired and those units are sitting there, they can't use them either. So, I mean, basically it's just gross density sitting there that Don can take off the books, because if they want to use it, they got to come back in through the public process and reinstate their expiration date, which we can put all the criteria in the world we want on it at that point. MR. SCHMITT: Well, I don't think we can. I would have to defer to Margie because I don't think we can go in and take the authorized zoning from them that currently exists right now. They are authorized that zoning just like Lely, Fiddler's Creek, a lot of those DRIB that are out there right now. MS. STUDENT - STIRLING: What happened -- COMMISSIONER STRAIN: Margie, wait. Before they can use that zoning, if it's an expired DO, and they have the zoning, I agree with you, so how do they use the units if it's expired? September 15, 2005 MS. STUDENT - STIRLING: They don't. They don't use the units unless they come back in. They can't get any development orders for them if they expire, but what they usually do is, they'll come back in and extend their expiration dates. The Vineyards is in for that right now. MR. SCHMITT: But essentially the last three areas of the Vineyards are already on the books and already planned and already committed. So ultimately they will end up with units that I would expect will be expired. COMMISSIONER STRAIN: But when they -- MR. SCHMITT: At the initiative of the developer. COMMISSIONER STRAIN: When they come in and get that request for expiration so they get whatever they get, do they come under the concurrency from there forward, or under the old concurrency of the DRI? MR. SCOTT: Would they still be considered vested? MR. SCHMITT: That is currently coming to this board so we probably best not argue that now because the DO will be coming to you eventually. COMMISSIONER STRAIN: Okay. So we want to ask the same question of legal staff then? mean -- MR. SCHMITT: I don't know. MR. SCOTT: Or make a fictitious one up right now. COMMISSIONER STRAIN: Let's say some project is coming in some time in the future that has an expired DO and it's got some density left, they want to extend their DO and build out their project. Because the DO is expired during the renewal process, do they then come under the concurrency applications at the time of that renewal, or are they vested forever regardless of their expiration? MS. STUDENT- STIRLING: I think it depends on whether it's a substantial or insubstantial deviation, and if it's substantial, I think they might come in under new concurrency requirements. And that's based on declaratory statements I read from DCA a number of years ago and my memory. COMMISSIONER STRAIN: Okay. Is there a percentage of the total volume of an approved DRI that becomes insubstantial or substantial? What's the trigger? Do you know? I believe it's 10 percent, but I'm not sure. MS. STUDENT - STIRLING: Not without doing research. COMMISSIONER STRAIN: It's ten percent on acreage. If it was -- even assuming it was 10 percent on the rest, it's insignificant in the overall picture. And to leave that as a buffer, and if they come in for a significant change, then negotiate with it, restill one and you get what you need. MR. SCOTT: And as the discussion is getting bigger anyway, leaving it in there is not all that either, so -- COMMISSIONER STRAIN: I definitely agree with you. So, with that maybe we are in a position where we feel comfortable enough to make a recommendation on this, and whatever DSAC does, does and then the BCC's got the benefit of whatever they want to hear. COMMISSIONER SCHIFFER: Mark, a question though. Do we want to, you know, even though it sounds like we might even vote not to be in favor of this process, do we want to revise this document in case it goes on without us? I mean, for that -- I mean, other groups may want this document, and if we just vote against it, we won't have the opportunity to fix it. COMMISSIONER STRAIN: But I'm concerned if we try to fix it, they're going to see that as an acquiescence to a mediation which everybody seems to think, and as far as I'm concerned, this is already duplicated in our system as it is and it would have such little impact. In fact, it may even end up having a negative impact because the little space that it frees up is going to be inundated with more density. MS. STUDENT - STIRLING: I think your recommendation has to be up or down. I don't think it 0=- i i 1611 September 15, 4054 can be -- COMMISSIONER STRAIN: With that I don't see -- I hope we discussed it enough. Is there a recommendation from this panel? COMMISSIONER CARON: I would put forth a recommendation to deny for -- COMMISSIONER STRAIN: Recommend denial? COMMISSIONER CARON: Recommend denial to the BCC. COMMISSIONER MURRAY: I'll second that. COMMISSIONER STRAIN: Recommend denial of the LDC changes for LDC 10; 134 related code sections 10.03.05B, 10.03.05F. There's been a second. Any other discussion? (No response.) COMMISSIONER STRAIN: Hearing none, all those in favor of denial? MS. STUDENT - STIRLING: Was there a second? COMMISSIONER STRAIN: Yes. All those in favor of denial. COMMISSIONER STRAIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY:: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MINDY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER STRAIN: Anyone opposed? No one is opposed. Motion passes. And that resolves the last item of the public hearings on our agenda today. There's no old business. New business, there is no new business left. Public comment? Doesn't look like there will be any. I guess we're adjourned. Thank you, gentlemen. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:10 a.m. COLLIER COUNTY PLANNING COMMISSION Mark Strain, Chairman Page 45 1611 C August 17, 2005 TRANSCRIPT OF THE LDC MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, RECEIVED August 17, 2005 SEP 3 0 2005 LET IT BE REMEMBERED, that the Collier County Planning Board of t.ounty Commissioners Commission in and for the County of Collier, having conducted business herein, met on this date at 5:05 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Russell Budd Kenneth Abernathy Lindy Adelstein Donna Reed Caron Brad Schiffer Mark Strain Robert Vigliotti Paul Midney (Absent) Robert Murra: ALSO PRESENT: Fiala Joseph Schmitt, Community Dev. & Env. Services Halas Catherine Fabacher, Principal Planner Henning Patrick White, Assistant County Attorney Coyle Susan Murray, ASCI, Zoning & Land Development Review Coletta Misc. Corres: Date: I I /16 0 S Item #: Page 1 Copies to: 1611 C August 17, 2005 CHAIRMAN BUDD: Good evening. We'll call this meeting of the Collier County Planning Commission to order. If you would please rise with me for the pledge of allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN BUDD: Good evening. This is the evening meeting for the Land Development Code, cycle two. Since this is legislative in nature, there will not be any swearing in of the speakers, and there will not be any disclosures by Planning Commissioners. Just a little bit of housecleaning before we get started. There's quite a lot of material in front of us this evening we're going to need to work through, and I think it would be appropriate for the Planning Commissioners to discuss a fixed time that we can focus on that if our business this evening is not complete, we can adjourn and reconvene at another set time. And I would suggest for consideration that we select 8:00 p.m. as the cut -off point for this evening. Do we have any discussion on that or a motion to that effect? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER ABERNATHY: So moved -- second. CHAIRMAN BUDD: Motion by Mr. Adelstein, second by Mr. Abernathy. Further discussion? (No response.) All those in favor, say aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN BUDD: Opposed? (No response.) CHAIRMAN BUDD: So at that time, Mr. Schmitt, we'll either pick a time certain, if you could give us some guidance at that time on what's open on the meeting room calendar and we'll pick a time and go from there. COMMISSIONER STRAIN: Mr. Chairman, could I verify that tonight is the first hearing of all these and that there will be a second hearing? MS. FABACHER: Yes, sir, I'm Catherine Fabacher, I'm the LDC coordinator, and I was going to announce that this is the first meeting, and our next meeting is, I believe, going to be September 21st. MR. WHITE: Mr. Chairman? CHAIRMAN BUDD: Yes, sir, Mr. White. MR. WHITE: Thank you. Assistant County Attorney Patrick White. Just as a preliminary housekeeping matter, I've reviewed the Affidavit of Publication for this evening's public hearing and find that it's legally sufficient for a meeting to proceed. And in a perhaps more substantive answer for Commissioner Strain's question, let me note for the record that I'm turning this document over to the minutes keeper. Let me just say that he asked his question as to whether this would be the first hearing or whether there would be I guess implicitly a second hearing. And that is a matter that is entirely at this commission's discretion. You need to make a motion and a vote, if there are any matters that you hear tonight or any subsequent LDC amendment hearing in this cycle, as to whether you want to hear them a second time. 1611 C 4 August 17, Zoos If you want to have more than one meeting to hear the package, you certainly are free to do so. And in fact we have, as indicated by Ms. Fabacher, a second meeting planned in this schedule. The LDC says that there will be only one hearing of the matters in a particular cycle, unless the CCPC votes to have more than one. CHAIRMAN BUDD: Thank you. With that in mind, I'd like to take that action to confirm our meeting for September 21st. Given that we only had four days to review all this material for this hearing this evening, I'm sure we would not be as complete as we would like. Also, given the late submission of the Bayshore overlay, which we're not even going to be able to get into in any depth at this first round, I think it would be a logical conclusion that we should plan on the September 21 st meeting. Do we have a motion to that effect? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER STRAIN: I'll second. CHAIRMAN BUDD: A motion by Mr. Adelstein, second by Mr. Strain to confirm the second hearing on September 21 st for this LDC cycle two. MR. WHITE: May I inquire? CHAIRMAN BUDD: Yes. MR. WHITE: Mr. Chairman, is the Planning Commission under this motion voting to require hearing all of the matters in this cycle two times separately and independently, or are you simply by this motion looking to have another meeting to talk about some aspect or the other of the package? I just don't want to put you in a -- COMMISSIONER STRAIN: If we had gotten this package in a timely manner to have had time to go through it, I wouldn't be so concerned about needing two meetings. But four days is not enough for the amount of intensity, plus with the meeting following tomorrow that's got a packet twice as thick as the one that this meeting's got. So as far as I'm concerned, I'd rather see us do what we can tonight, but make sure that we have time to think about it and study it further in another meeting in September, if that's the majority of the board's opinion. MR. WHITE: But I'm trying to get to that same end, but just do not want to hamstring you by having a motion passed and adopted that does more than that, and in fact requires you to have to hear everything independently twice. CHAIRMAN BUDD: Yes, sir, Mr. Adelstein? Mr. Adelstein is indicating that the second meeting, that of September 21 st, will be a meeting not to discuss every item individually, but we will meet and discuss those items that need further consideration. MR. WHITE: So tonight's meeting you may decide on certain matters that you will vote finally on, and others you will reserve determination on till the 21 st. CHAIRMAN BUDD: That's correct. Mr. Adelstein, is that correct with the motion? MR. WHITE: Thank you for the clarification. COMMISSIONER ADELSTEIN: Yes, sir. CHAIRMAN BUDD: Mr. Strain, are you the second on that? COMMISSIONER STRAIN: I was the second, but to be honest with you, I'm a little puzzled because how do we know if we're going to need to know -- if we need -- as far as I'm concerned, none of these I've had ample time to look at. So I would rather see everything deferred to the 21 st of September. CHAIRMAN BUDD: By the nature of this motion, we have that prerogative. We're not closing the door, we're just not forcing ourselves to look at something that we can look at, see tonight, like and approve and be done with it. COMMISSIONER STRAIN: I'll accept the second. Page 3 1611 C y August 17, 2005 COMMISSIONER ABERNATHY: Excuse me. There are two different issues to me. You've got what's left that we don't get to tonight by 8:00. CHAIRMAN BUDD: That's true. COMMISSIONER ABERNATHY: Is that going to be heard for the first and last time on the -- on that September meeting? I thought we would have a continuation of this meeting to dispose of everything one time through, except those things that we want to hear a second time. CHAIRMAN BUDD: The motion that has already been passed was to continue this meeting that whatever business is unfinished at 8:00 p.m. will be continued at a time certain and will finish the first hearing of everything. Might be tomorrow, might be next week. It's a time we've yet to determine. Everything will be heard the first time. COMMISSIONER ABERNATHY: First time through. CHAIRMAN BUDD: And on September 21 st, that's our second shot at anything that we have not dispensed with at the first hearing, because we consider it completed and thorough. COMMISSIONER ABERNATHY: Okay, I'm with you. CHAIRMAN BUDD: A motion on the table right now, a motion by Mr. Adelstein, second by Mr. Strain, is that on September 21 st, we will meet and discuss any and all items that have not been dispensed with by the completion of our first hearing. Is that legally sufficient, Mr. White? MR. WHITE: I hate to have to do this, Mr. Chairman, but please bear with me. We've used two words interchangeably. And I've tried to be very precise about using them in this meeting and previously. There is no problem with having multiple meetings. The problem is when you inject the use of the word hearing and start talking about having more than one hearing. Whether it's different meetings, the same, that is my concern here. And if what the gist of the motion is that you're going to have a meeting this evening for a first hearing and you will dispose of those matters you deem appropriate, and others will remain, and then at some other point in time yet to be determined you'll have a continued meeting that will still be a first hearing and dispose of those matters, are you intending to have a second independent requirement for a complete hearing -- COMMISSIONER ADELSTEIN: No. MR. WHITE: -- on September 21? CHAIRMAN BUDD: The intention is for a second meeting and hear those items that have not been dispensed with at the first hearing. MR. WHITE: Very good. CHAIRMAN BUDD: Is that -- MR. WHITE: First meeting. CHAIRMAN BUDD: -- correct with the motion maker and the second? Okay, Mr. Schmitt? MR. SCHMITT: Can I make a proposal then and continuation -- as I understand the county attorney, that's a continuation of this meeting. And being that it would be, we could start earlier, if you think it would be in your best interest to say start at like 3:00 p.m. rather than wait until 5:00. MR. WHITE: And if you do announce that today as to time certain, then we do not have to advertise independently, unless we choose to. And that's a staff determination. But there is no legal requirement to have to do so. MR. SCHMITT: I would only offer that because it would be the continuation of this meeting and it would allow for a little bit more -- about probably five hours worth of work. Instead of normally starting at 5:00 and quitting at 8:00, we could probably start at possibly 3:00 p.m. 0--MA tau I st 17, 905 COMMISSIONER ABERNATHY: We could start at 1:00. MR. SCHMITT: Well, we could. I would have to find out the availability of this room. COMMISSIONER ADELSTEIN: There are some people here that are employed. CHAIRMAN BUDD: Mr. Schmitt, that's a good idea. Before we get too convoluted, let's take a vote on that we will meet again on September 21 st, decide that and then we'll zero in on what time. So we have a motion by Mr. Adelstein, second by Mr. Strain. Any further discussion on the meeting on the 21 st? (No response.) CHAIRMAN BUDD: There being none, all those in favor, signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: That's clear. Now, Mr. Schmitt brings up a good point, is there an inclination to meet earlier or not? Mr. Adelstein? COMMISSIONER ADELSTEIN: I think we would probably have a better judgment of it when we see what comes up at 8:00. At that time we'll know whether we've got "X" out of the way or we still have a real pile, and then we'll discuss whether or not what time we should start the second meeting. MR. SCHMITT: Well, I only say that because at that meeting on the 21 st, I would expect we're going to spend a considerable amount of time on the overlays, and Bayshore /Gateway and the triangle overlays. CHAIRMAN BUDD: And Mr. Adelstein makes a good point. At 8:00 when we finish our business for this evening, we'll not only fix the next time, we'll also clarify when we're coming on the 21 st and handle the advertising issue that Mr. White pointed out to us. Okay, any other housecleaning? Yes, sir, Mr. Schiffer? COMMISSIONER SCHIFFER: And Patrick ran away, but I'll try anyway. Is there a requirement that we have a meeting in the evening? I know the requirement of two meetings. My impression was that that would give the public access to one evening meeting for changes in the LDC. MR. SCHMITT: This would be that meeting. COMMISSIONER SCHIFFER: But if we continue it to the day, then items that weren't brought up this evening would never be brought up in the evening. MS. MURRAY: I believe I heard the chairman say you were going to at least touch on everything today. CHAIRMAN BUDD: We're going to make that attempt. And what I would like to do on this timing question is to bring it up at 8:00 p.m., or a quarter till, wherever is the logical breaking point, we'll see what we've got and then we'll deal with it. MR. SCHMITT: We can certainly deal with -- if there's public here, and Commissioner Schiffer, if that's your concern, we could certainly listen to the public. If there are any issues the public hears that want to raise issues in regards to this LDC amendment, we can deal with those this evening. We should be able to deal with some of those this evening. Page 5 1611 C August 17, 2005 MS. FABACHER: So I didn't receive any speaker slip. Is anybody here? You found one? No, that's from something else. Here we go, here's one, here's two, here's three. CHAIRMAN BUDD: Is there any other housecleaning or can we get started with this process? MR. SCHMITT: I think we can start. I would ask Catherine, she is gathering -- we'll try and deal with the LDC amendment that the public are here and signed up for, we'd like to deal with those first, if that's your desire, Mr. Chairman. CHAIRMAN BUDD: Okay, I think that makes sense. So let's zero in on those items that we have significant public interest. COMMISSIONER STRAIN: Mr. Chairman, could I make one statement for the -- CHAIRMAN BUDD: Yes, sir. COMMISSIONER STRAIN: -- record? We received a hand -out when we came in this evening. I cannot use that hand -out tonight. I spent what time I could on the existing package, so my comments will be coming from the existing package, regardless of what's handed out here tonight. COMMISSIONER ADELSTEIN: I agree. MS. FABACHER: All right, we seem to have two speakers on some of the transportation issues, which are in the back of the packet. One is Al Zichella, and he's talking about Section 10.02.07 and 10.02.02. Wait, that's not transportation, I'm sorry. That should be -- let's see. MR. WHITE: Transportation. MS. FABACHER: It is. It is transportation, thank you. It's transportation concurrency, and it's the -- limiting the number of de minimis development order submittals allowed. CHAIRMAN BUDD: I have no problem starting with that item. Do you have a page number that we could -- MS. FABACHER: I'm sorry, that would be on Page 192. I'm on Page 17 of the summary sheet and that is on Page 192. Transportation staff is here, if you have questions or whatever you'd like to -- CHAIRMAN BUDD: Okay, if we could go to Page 192, and I believe that is -- COMMISSIONER ADELSTEIN: Page 17. MS. FABACHER: Page 17 of the summary sheet, Page 192 of the amendments. CHAIRMAN BUDD: Okay. Could we have the appropriate staff presentation on this item? MS. FABACHER: Yes, we do. MR. CASALANGUIDA: Good evening, Commissioners. For the record, Nick Casalanguida, transportation planning. I think just to give you a brief idea on -- COMMISSIONER STRAIN: I don't think your speaker's working. MR. CASALANGUIDA: Hello? For the record, Nick Casalanguida, transportation planning. Over the past six months we've approached certain segments in the county concurrency system that have approached the level between 100 and 110 percent where we've seen developments come in and we've allowed developments in that are de minimis, less than one percent of the adopted level of service on that roadway segment. What's happened is, is some applicants have submitted multiple applications for development orders for the same development that were aggregate in the sense for the development of the whole project. What we're trying to do is to figure out a way to submit something that slowed that process down. We consider the 100 percent capacity almost like the yellow light, and 110 percent the red light for concurrency in the county. So at the 100 percent, the de minimis regulation that's now in effect is almost like the yellow light; 1611 C- August n, Zoos there. I think we were on the back end and it was a late submittal or just in time submittal. And I think DSAC was going to hear it in the next meeting that they had. COMMISSIONER STRAIN: Isn't DSAC a more business orientated panel? MR. CASALANGUIDA: I would say so. And an advisory committee. COMMISSIONER STRAIN: I mean, I'm -- as the record will testify, I'm pretty strong on making sure that the T's are crossed and the I's are dotted. MR. CASALANGUIDA: Agreed, sir. MS. FABACHER: Mr. Chair, we have scheduled to take it back to DSAC December 7th -- not December, September 7th. It's just that we had, like at this meeting, so many things for them to consider that they just couldn't get to that, so we agreed to bring it back and have reports to you on what their comments are by the -- our second -- our hearing date. COMMISSIONER STRAIN: Well, it would have been important for me to know on the first hearing date what their thoughts were so that any of their comments that were relevant or valid we could incorporate into the suggestions that you're going to bring back to us on the second meeting. Now, if we don't get it till the second meeting, you're not going to be able to make any changes that we're going to see before it goes forward to the BCC. MR. CASALANGUIDA: Sure, agreed. COMMISSIONER STRAIN: And for that reason, I think -- I'm disappointed it wouldn't have gone to DSAC, as it always has in the past when something like this has come forward. I don't know what the motivation has been to get it here first. I don't agree with it, and I think it's unfair, just as I would think certain things the development industry does is unfair to the civic association, civic groups, this is unfair to the development -- MR. SCHMITT: Just for the record so you understand, the DSAC sub - committee never got a quorum to do the review. And then on the second meeting with the DSAC they failed to have a quorum. So we've been struggling to try and get the DSAC to review these amendments. COMMISSIONER STRAIN: Does that mean we're going to be assuming their responsibility, too? MR. SCHMITT: No. No, it will go back to the DSAC. It still has to go to the DSAC. It doesn't necessarily have to go to the DSAC before it goes to the Planning Commission, but it has to go to the DSAC and the Planning Commission -- it should go to the DSAC before your second meeting so that you can make a final recommendation to the Board. And that's -- COMMISSIONER ABERNATHY: What if we put it over until our next continuation of this meeting? COMMISSIONER CARON: Well, I think we should hear from the public. MR. SCHMITT: I would recommend you hear from the public. COMMISSIONER CARON: This fellow's here, let him speak and -- COMMISSIONER STRAIN: Well, I'm not nearly done yet. COMMISSIONER CARON: -- then we can put it -- COMMISSIONER STRAIN: I've still got quite a bit -- THE COURT REPORTER: Excuse me, I'm hearing several people talking at one time. COMMISSIONER STRAIN: I'll wait till everybody stops. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Have you had any meetings with the local business community, Chamber of Commerce, CBIA or others in regards to this issue? MR. CASALANGUIDA: No, sir. COMMISSIONER STRAIN: Why not? MR. CASALANGUIDA: Well, it was a submittal we had to get in. And we discussed it with 1611 C August 17, 2005 it says slow down, you know, we're accepting de minimis, you know, applications, and that's what we're doing. This amendment that we proposed was to try and address the submittal process for the applications coming forward, and that's where we're at right now. CHAIRMAN BUDD: Questions on the staff presentation? Mr. Schiffer? COMMISSIONER SCHIFFER: Yes. So is the problem, Nick, that developers are breaking projects up into smaller projects, thus coming in under the de minimis wire? MR. CASALANGUIDA: A good way to describe it would be if a plat contains 500 units, and if they submitted the plat in say three or one or two sections, they wouldn't qualify as de minimis. And what happened was there was submittals of plats of 16 units. So in Joe's department, they would get 25 applications of the same project, almost on the same day or every other day for the same development. And so that's what was happening. We were trying to slow that down and temper that, if we could. COMMISSIONER SCHIFFER: And if they were submitted at once, they would not meet that requirement. MR. CASALANGUIDA: The de minimis requirement, that's right. COMMISSIONER SCHIFFER: Playing limbo with the de minimis requirement. MR. CASALANGUIDA: And fair to the development community, they play within the bounds. And we've had a couple meetings scheduled with them over the next couple of days to talk about that and work with them on that, and especially this amendment that's in front of you right now, so -- COMMISSIONER SCHIFFER: And the intent of the amendment is that you're going to summarize a one -year, 12 -month period and they can't go above that level within that period? MR. CASALANGUIDA: Right. And I guess we submitted this rather quickly, and in fairness to them, they didn't get a chance to review it as much as they probably would like to have. And we're working with them on that now. We're reviewing what that 12 -month does to them, and that time frame is not set in stone. We're trying to figure out a good period. But 12 months was a number that was thrown around by staff and we thought that was a good time period. They've pointed out some problems with that and we're going to work with them on that. COMMISSIONER SCHIFFER: And building codes have a similar condition, they have similar situations and that's exactly how they handle it, you know, within a 12 -month period you can't exceed a certain percentage of what -- MR. CASALANGUIDA: Sure, I'm not familiar with what the exact submittal process of some of the building requirements, but that's probably the case. MR. WHITE: And I'm sorry, Mr. Chairman, I think that there's an analogous type of rules -- set of rules that exist for DRI's, developments of regional impact, that similarly would be recognized as I think what are called aggregation rules, so that you don't allow folks to by just dropping below some threshold in submitting a series of applications over a short period of time avoid what otherwise was the regulatory intent in effect that those rules were intended to address. CHAIRMAN BUDD: Okay. Other questions on the staff presentation? Mr. Strain? COMMISSIONER STRAIN: If everybody else is finished, I do. First off, I notice it hasn't been before DSAC. MR. CASALANGUIDA: No, sir. COMMISSIONER STRAIN: Anybody explain why it would come to us first? MR. CASALANGUIDA: DSAC hasn't reviewed all the packet -- all the presentations that were Page 7 1611 C August 17, 2005 some of the local engineers, and especially the people that present the traffic impact statements, along with the local development order applications. We've discussed this process with them. As a matter of fact, we're meeting with six of them tomorrow morning to address specifically this, to try and get ahead of the DSAC presentation. So we're going to go out of our way to make sure that they're informed, and we're going to go out of our way to work with them. So I want to make that clear for the record. COMMISSIONER STRAIN: So their input has not been incorporated in any you've got here tonight? MR. CASALANGUIDA: Preliminarily some of it has and some of it hasn't. COMMISSIONER STRAIN: I'm sure we'll be hearing from them. Maybe they -- MR. CASALANGUIDA: I'm sure we will. COMMISSIONER STRAIN: In the actual language that you're proposing, in about the fifth or sixth line down, you refer to the language, or other developments of relatively large tracts of land. MR. CASALANGUIDA: Yes, sir. COMMISSIONER STRAIN: What is a relatively large tract of land? MR. CASALANGUIDA: That definition, I think that's also in our PUD definition or -- MR. TINDALL: If I could take that one, if you don't mind, Mr. Chairman. My name is Phil Tindall, Pm with the Transportation Planning Department. When we came up with this language to determine who we were going to apply this to, we looked up the section in the zoning district section of the Land Development Code, and it described the PUD as a relatively large tract of land under single ownership. And we were -- and we most of these developments that this proposed section would apply to would be PUD's, but there might be some rare cases when it applies to a project that for some reason it was not petitioned to be zoned as a PUD, but would be similar in size and other characteristics. We just wanted to make sure that nothing fell through the cracks of that similar size and nature. COMMISSIONER STRAIN: Is three acres a relatively large tract of land? MR. TINDALL: I couldn't give you an answer to that right at this moment. COMMISSIONER STRAIN: Ten acres? I'm wondering where the threshold is. I think that this needs -- MR. CASALANGUIDA: Sure. COMMISSIONER STRAIN: -- a threshold rather than a guess. MR. CASALANGUIDA: If you look at what's in the fringe right now, I know I have applications that are going to be coming across my desk in the next month or so that could be 530 acres at one unit per acre. So that definition of a relatively large tract, I think we apply towards the transportation definition. If it's de minimis, a tract of land would provide de minimis impact. It wouldn't be a project of that relatively large size. But if it's something that could be broken down into small sections, we'd consider that a relatively large tract of land, so -- COMMISSIONER STRAIN: Maybe you ought to be referencing the traffic counts, not tracts of land, if that's the issue that you're concerned about. MR. CASALANGUIDA: I'll take that recommendation into consideration, sir. COMMISSIONER STRAIN: The next line down you talk about developed in multiple phases. Does that mean anything more than one? MR. CASALANGUIDA: I would say that that's what it means, yes, sir. COMMISSIONER STRAIN: Okay. A little further down you talk about potentially deficient road segments. What is a potentially deficient road segment? Is that a black and white issue or is it -- Page 9 1611 C q August 17, 2005 MR. CASALANGUIDA: No, we -- COMMISSIONER STRAIN: -- a grey area? MR. CASALANGUIDA: -- talked about that. There's a section in the LDC in 6.0 -- I see in highlight, 6.02.03 that defines what potential (sic) deficient is. And one of the members of the development community pointed out that that can be broad. And we're considering redefining that, maybe even pulling that out of that. One way we're going to maybe address that would be to say as deficient road segments as defined by the checkbook concurrency system, once it approaches or surpasses the 100 percent capacity level. So we might clean that language up to take the "potentially" out and clean that up a little bit. COMMISSIONER STRAIN: Well, if you're going to do something like this, I would think that you'd want it to be exact so everybody knows exactly the impacts. Because you've used the word "potentially" in this document three times, and potentially means nothing then. MR. CASALANGUIDA: I think with the discussion we've had today, we are going to have a definite line. I think the 100 percent line would be the line that we cross to say when it's deficient. COMMISSIONER STRAIN: And if you get a potentially deficient road segment, they're still allowed to submit only one final local development order. Can that one development order be for a plat for 2,000 acres? MR. CASALANGUIDA: It could be. But then it wouldn't be de minimis in its application for transportation -- COMMISSIONER STRAIN: But you're limited then in the one not to exceed the de minimis threshold? MR. CASALANGUIDA: That's correct, sir. THE COURT REPORTER: You guys are going very fast. COMMISSIONER STRAIN: I'm sorry. CHAIRMAN BUDD: And just to clarify, you need to let each -- let the other complete the sentence, complete the statement, take a breath and answer, because I've had the same thoughts, and Pm not doing my job as a Chair in making it humanly possible to keep an accurate record. MR. CASALANGUIDA: Fair enough. COMMISSIONER STRAIN: They referred to me as Chair a couple of times, so Pm glad it wasn't me, it was you. What segments are currently potentially deficient, in your -- MR. CASALANGUIDA: Well, what's defined by currently potentially deficient in that section would be a lot, under the definition section. I think we want to get away from that, and I think we're going to go towards deficient segments, as defined by the checkbook concurrency system. COMMISSIONER STRAIN: So you're saying that by the time we see this again, more than likely the language that references potentially will be taken out. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER STRAIN: You're probably going to say just deficient road segment. MR. CASALANGUIDA: As defined by the checkbook concurrency system. COMMISSIONER STRAIN: Okay. And what segments are deficient right now? MR. CASALANGUIDA: 41 east of 951; 951 south of U.S. 41. And there may be Davis Boulevard, which is also in the transportation concurrency management exception area -- management area. COMMISSIONER STRAIN: What about Irmnokalee and I -75? MR. CASALANGUIDA: That wouldn't be considered deficient, sir. COMMISSIONER STRAIN: It would be or would not? Page 10 1611 C 4 August 17, 2005 MR. CASALANGUIDA: Would not be, sir. COMMISSIONER STRAIN: What you're proposing here is virtually a moratorium. And I know that latitude has always in the past been reserved for the Board of County Commissioners, because as much as we would not like it to be, it is also a political decision. By reducing applicants to only one submittal a year that is less than de minimis, you're virtually locking out development. I'm not saying that's bad or good, but I'm wondering where the authority is going to be coming from to make a decision on a moratorium based on an administrative code instead of going to the BCC to be aired in the public, as it would have in the past. MR. CASALANGUIDA: I don't think, sir, that moratorium's the correct word. I think it's concurrency management. But I'd also like to point out that what we're trying to do is to say to a developer or developers, submit your application and, you know, do it in a fashion that's consistent that we can manage it. In other words, as we get to 100 percent, it's a yellow light. We're telling you to come in in an organized, orderly fashion, and it's something we can handle and it's de minimis. At 110 percent, and that's debatable with the management bill what happens. But to say stop at that point in time, not due to a moratorium but due to concurrency. And that allows us time to try and look for a resolution to that problem in that area and work towards a solution. So I try and stay away from that word moratorium. I don't think that's what -- COMMISSIONER STRAIN: Well, I know you do, and I don't blame you for doing that, because it's a red hot button. But I would rather we be as blunt as we possibly can so that all members of the public, both in the civic side and the business community, realize the potential that's sitting here in front of them today. And that's why I brought it up the way I did. I may have more questions before this is over but -- MR. CASALANGUIDA: Can I answer one -- follow up on one comment you made, sir? I don't think it's the intent of this amendment to stop or put a moratorium. I think it's just to make it so the process for submittal is a little bit more organized and separated. We had two applicants that were standing across the street from this one applicant that submitted and said you told me today that we were 103 percent, and there were enough trips left and that was a de minimis application, and then three weeks later you said the de minimis remaining capacity is gone. And I said 26 de minimis applications came in, or -- I'm using a number; it could be 10, it could be 12 -- came in from one development and gobbled up that capacity. And I don't think that was the intent of the de minimis section of the code. And I'm not being derogatory to the development community, they were just using the code to their nature, just like you would the tax code. And we're just trying to clean that up. COMMISSIONER STRAIN: Well, Nick, what I'm concerned about is that if that scenario occurs and you have to limit other developers in the area to one parcel that is not exceeding the de minimis threshold, the de minimis threshold is so low that most of your projects cannot survive with only one of those a year. So in essence you've actually gotten into a moratorium status with them as far as their functioning is going to be concerned, because they can't produce the product that they need to stay viable. Now, I'm not saying that's bad or good, but I'm saying that could be the outcome here and that's why it's important that we get the business community to weigh in on this. MR. CASALANGUIDA: Agreed. That's where I'm going with it. Agreed. MR. WHITE: If I could address that, Mr. Chairman. There's going to be limitations on capacity when these types of provisions are being considered and applied. And I guess if there's a way of fairly distributing that amongst a number of competing development projects, I think it's fair to say that that's the intent of this provision. Page 11 1611 C 4 August 17, 2005 It is not the idea that it is intended to operate against one or more developer to preclude them from being able to reach some desired level of production, but rather from the government side with the responsibility to regulate fairly, attempting to do so in the most equitable manner possible. And if I could just jump back to the discussion about potentially deficient road segments, 6.02.03(E) of the Land Development Code talks very specifically about what potentially deficient road segments are. And in fact, I think that notwithstanding the staff s comments today about how they may choose to look at Commissioner Strain's concerns that we need to be very judicious in whether or not we're going to have these types of provisions apply not only to deficient road segments, but to those that are potentially deficient. Because you can be in a potentially deficient road segment status for up to two years under the AUIR. So I think we're going to have to look at that more closely, and I don't know that it would be fair to make a representation that the regulation would only apply to deficient road segments or not. So I think that's a further discussion that we'll have to take input from DSAC and others as well on and think about. I mean, because arguably, it would seem to me that if you didn't include potentially deficient road segments, you may effectively not have achieved the goal here. CHAIRMAN BUDD: Mr. Schiffer, you had a question? COMMISSIONER SCHIFFER: Yeah. Nick, rather than limiting to one application a year, could you do this where the cumulative total of the traffic wouldn't exceed the de minimis within a 12 -month period? People could have multiple applications, but you would be constantly looking at it in a 12 -month period. MR. CASALANGUIDA: You could do that. I don't know if it would be practical, only for the fact of one percent -- which is less than one percent on a road segment that may have capacity of 3,000 trips, maybe 30 trips, so it would be tough for them to come in even smaller and say you could do it smaller. I understand your question. I'd have to probably show you on a math level, you know, what our trips -- how they would do that. That -- for instance, a plot and plan submittal might only be three homes four times that would do what you're saying. COMMISSIONER SCHIFFER: Right. MR. CASALANGUIDA: I think having one submittal up to the de minimis level might be 15 or 20 trips on a particular segment, which may equate to 30 homes in one development. So it was a level we felt that was -- a builder or an applicant could do a single - family home or multi - family project that may sustain them for a year, or an SDP that was reasonable in size. So I think there's still question, when we're talking about the development community, is it one per year, two per year, is it, you know, one per 10 months? I think -- we're working with them to figure out maybe a number that they're comfortable with that we're also comfortable with. COMMISSIONER SCHIFFER: Okay. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Do you believe this applies to all development? MR. CASALANGUIDA: I believe it should sir, yes. I'm sorry, I'll strike that and I'll say unless the development is considered vested under the transportation system. Then they've already pretty much in effect been considered for concurrency. CHAIRMAN BUDD: Okay, any other questions from the staff presentation? (No response.) CHAIRMAN BUDD: If we could have public speakers on this item. MS. FA 3ACHER: All right. Mr. Chair, we have Al Zichella, CBIA . MR. ZICHELLA: For the record, Al Zichella. I'm here on behalf of CBIA. I want to thank you for the opportunity to speak tonight. Page 12 1611 C � August 17, 2005 Wish I was someplace else. Just found out about this yesterday. I'll tell you that the industry has absolutely no input into this at all. Nick and I have had two phone conversations, and I will take him at his word that he intends to work around this, but I am very concerned by the lack of public process on this. DSAC did not hear it. And whether or not you realize it, CBIA has no seats on DSAC right now, by virtue of the fact that we're in lawsuit with the county over the government building impact fees. They have barred us from sitting on that committee. So I would have thought at the very least that a phone call was entitled to the representatives of the building and development industry, yet we didn't receive any. I got a heads up yesterday from one of our attorneys; otherwise I wouldn't even know this was coming before you. I think that it is rife with problems. I think it's very clear, by what we heard tonight, it's an ambiguous document, filled with many unintended consequences, not the least of which is a moratorium, potentially. And if you're going to declare a moratorium, it is, as Mr. Strain said, the problems of the county commission, and not the county staff, to impose rules that are so onerous as to be a defactive (sic) moratorium. There are rules about moratoriums. You have to have a way out of them. They have to have a predetermined period of time. This bypasses all of that. We would have no reason to be here, except for we spent the last three years hammering out what is now the most onerous and severe concurrency management program for transportation in the entire State of Florida by far. I participated and spent hundreds of hours in that process. I sat with Mr. Feder and his staff many, many times. What they're complaining about here was a negotiated result that would pass muster with the DCA. The reason we're allowed to submit multiple projects under the de minimis, if we can do that legally within the rules, is because there's a delivery issue in this county. They cannot deliver roads to the infrastructure fast enough. And we have people and employees and customers that we have obligations to. There's issues of contract law here that are also at issue. It's not a simple matter of saying, oh, well, one guy submitted 12 applications. You know what? That might be wrong. Maybe we need to address that. But you don't devise a document without any public input, bring it before the Planning Commission and try to get it approved. I find that really very -- a sad day for public process. There are many unintended consequences in this document. Delivery issue aside, we wouldn't even be here if we could produce roads. I'll remind anyone who may not know that part of our transportation negotiations with the county, way back when, on concurrency -- way back when, the last three years -- was we had asked what do you need to do your job better? And we were told they needed the money sooner. And development industry -- and I know this is a fact because I'm the one who agreed to it. We told Norm Feder we would give him half of all of our impact fees on transportation, as long as there was capacity on the road in advance to build roads. I think that they have collected probably in excess of $40 million since we made that agreement. And not one road has been delivered to the system since Livingston Road was. So all of this plain -- excuse me, Mr. Schiffer, but limbo with the concurrency, that was a provision to protect us. We agreed to that in this. Maybe it is being abused by a couple of developers, I can't speak to that, I don't know for sure. The intention was not for one guy to come in with 20 parcels and consume all of the capacity, I agree with Nick on that, and we should fix that problem. But you can't limit us to one SDP a year, because that's not really doing business. I submit to you, that's not being -- that's not acting as a developer, that's practicing to be a developer. And we can't exist in Page 13 1611-0 4 August 17, 2005 that. It is a moratorium. It's unfair. Part of the reason for no quorum at DSAC, by the way, is because there are no building industry representatives sitting on DSAC. Sad thing, but that's the case, too. And of course we're being barred from it. I have to tell you, three years of a lot of hard work and goodwill on both sides can go up in smoke when something like this happens, and there's no public input from us. We're the ones being regulated. We think we should at least have a voice. And I'm deeply disappointed that this happened. Now, having said that, I'd be happy to work with county staff. I do respect them, despite all of this, and would like to iron this out. What I would very much like to see is to have this pulled from this cycle and have them bring it forward after it's been deliberated on and we can agree on how at least how we're going to be regulated in the next cycle. I think that would be fair and appropriate. With all due respect to everyone here, bringing this up with one day's notice to us is a little bit shocking. I commend Mr. Strain, you asked many of the questions that I had intended to ask. There is fuzzy definitions here. Mr. White said definition notwithstanding. The limitations are unreasonable and they're burdensome to the community, and I would very respectfully ask that a recommendation be made to pull this from the cycle and reintroduce it when we get it ironed out. As it is, I mean, something like this should never see the light of day. Thank you very much. CHAIRMAN BUDD: Thank you, sir. Next speaker, please? MS. FABACHER: Next speaker will be Cathy M. Sellers. MS. SELLERS: Good evening, Commissioners. My name is Cathy Sellers. I'm with the law firm of Broad and Cassel, from Tallahassee, Florida. And following up on a comment that the speaker who presented the item to you made about vested projects not being subject to this, I would like to get confirmation that this would not apply to DRPs that have valid and expired development orders that are covered under Section 1.63.3167, subsection 8. COMMISSIONER STRAIN: That's a question for Mr. White. MR. SCHMITT: I wasn't going to answer it. COMMISSIONER STRAIN: I can't answer it. MR. WHITE: I would say that the only way, Mr. Chairman, that any potential property owner wanted that assurance would be if they otherwise complied with the county's vested rights determination process. That is what has been in there under old Division 3.15, the predecessor to provisions in 6.06 and 10.02. And all of those DRI's are equally capable of being able to a attain that status and have been able to do so for years, and in fact was part of the discussion that we had with Mr. Zichella and others and contemplated, those steps being taken in conjunction with those types of annual traffic reports that were supposed to be provided in conjunction with PUD monitoring. So there is a viable mechanism to achieve that status. I believe that it would be premature and perhaps inappropriate to make a categorical statement about that today with respect to those individual DRI's, of which there may be some 26 or 27 of in this county. So I don't think there's a general rule that fits all of them that, you know, our office or even staff could categorically answer Ms. Sellers' question. Today, anyways. So I think the staff was basically saying that if you've attained vested status, and there's a process for that, then there would be no operation of this provision against your project. So -- CHAIRMAN BUDD: Okay. Thank you, Ms. Sellers? Page 14 1611 C 4 August 17, 2005 MS. SELLERS: If I may, to follow up, I would note that Section 10.02.07 of the code dealing with adequate public facility certifications does have a self - executing exemption for these kinds of DRI's, and they're expressly recognized as exempt from the concurrency certification process, and so we would request that a similar provision be put in in this section. And that really completes my remarks. CHAIRMAN BUDD: Okay, thank you. Next speaker, please? MS. FABACHER: Mr. David M. Smith. MR. SMITH: Thank you. David Smith, 401 East Jackson Street, Tampa, Florida, with the law firm of Stearns, Weaver, Miller. I'm a planner with that firm, on behalf of CBIA. As indicated by everybody else and yourselves, we just got this last night and made arrangements to get down here today to speak on it. I think what's clear, in talking with some of the professionals that they're going to be meeting with, is that this is a very ambiguous document. There are a lot of things that could be interpreted. There are a lot of, and we've heard it already, unintended consequences. But I think what's really important to realize is this seems to be a lot of overkill. We're in a situation where this is all -- where this only makes a difference is when you have a deficient segment and you want to continue to develop and you want to have a de minimis impact and you submit a de minimis application. If there were capacity available to you, you would submit a full application for as much capacity as you could reasonably move forward with at that stage of development, and you would get your application processed. Only when a road has problems that you could not otherwise submit a larger application and not be under the de minimis threshold would this come into play. There's an automatic provision in the concurrency rules. It's called a 110 percent provision. Basically once you have a deficient road, you cannot have a de minimis impact once that road reaches 110 percent. Now, it's been referenced that the reason they want to do this is so we can better plan for the roads. I would submit to you that we should we will be planning for the roads well before it gets to 100 or 110 percent. The planning for the road should be occurring, one that's at 80 percent, 90 percent of capacity, those steps should be in place to allow for the planning of roads to come on -line to satisfy those problems well in advance of having to worry about de minimis impacts. I would think along those lines that this is -- may be an unnecessary regulation. I work all over the state, and nowhere else that I am aware of is there even a discussion of this being a problem with people submitting de minimises. Let's flip it around and say we're a large project, I'm a well - planned project and everybody realizes that this is a great project in the community and it's held out as to being, you know, what Naples is all about and what Collier County is all about. But now because of the road deficiency, I can submit one application for 16 houses or 10 houses or whatever it may be. However, I happen to be in an area where there's a bunch of small parcels available. Well, nothing stops anybody from coming in and building three houses, four houses, five houses, six houses, de minimis, as many applications as they can file during the course of a year, because it would not apply to those small developers. Not large tracts. Not people that would have multi phases. And I think that what de minimis was all about was saying okay, once we reach a deficiency or we're getting to the deficient stage where the road doesn't meet adopted level of service, that we can still allow some development to occur and it can occur when we review it under de minimis impacts, but even at that -- at some point in time that has to stop. Because something has to be done about the roads. Page 15 1611 C August 17, Zoos Many jurisdictions have very poor road programs. Some of them are playing a lot of catch -up. I think the catch -up is what causes the problem. It's not that somebody is submitting de minimis applications. And once it gets to 110 percent, no more de minimis applications can be filed, except if you're an individual property owner that has a lot. It won't prohibit you from building that house, but it would prohibit somebody else with a larger scale development coming in and putting three lots in, or one lot in a large -scale development. If you were, say, WCI or any of the large -scale developers, they would not be allowed to do it. But a single - family owner that owns a lot in a subdivision could build this house and do de minimis. So I just think this is something that's unnecessary. It really doesn't further better planning for roads. It covers a very short period of time. And these are roads that should have plans into place to address their needs immediately. I would also offer that even though it says in the report -- and I understand this is probably not what this is intended -- it says, physical and operational impacts, none. Well, there will be some, because as you are allowed to put in de minimis applications, there will be ad valorem taxes placed on these houses that are allowed to be built while the road system is being planned and looked at. And there are impact fees that will be paid, 100 percent, some of the highest in the state, if not the highest in the state that would become available for these units. The amount of money may be de minimis, but it's still money going towards the transportation problems. So I think this is something that needs to be sent back, looked at harder, and maybe found not even to be necessary. I understand there is a meeting coming up. And I know some of the people that work in the business community are going to be looking at that. Any questions, I would be glad to answer them, but that's just my view. CHAIRMAN BUDD: Thank you, sir. MR. SMITH: Thank you very much. CHAIRMAN BUDD: Next speaker, please? MS. FABACHER: That's all the speakers that we have. CHAIRMAN BUDD: Comments? Questions? Mr. Schiffer? COMMISSIONER SCHIFFER: Nick, let me ask you a question on -- all these amendments have a certain schedule. Was this one submitted to meet the staff deadline? MR. CASALANGUIDA: I believe it was. It was submitted with a staff deadline at the time, and didn't get into DSAC I think for the first round, but I think we also knew that it was at -- would have been at the back of the DSAC hearings. They wouldn't have got to it in the first hearing, anyway. So I think our submittal was in time. It wouldn't have made a DSAC hearing in the first hearing, knowing that we'd go to the second DSAC hearing. COMMISSIONER SCHIFFER: In other words, in the schedule that's proposed, before these things start there is a deadline where staff has to have all their submittals in, yours was in that deadline? MR. CASALANGUIDA: Catherine, how close were we to that, or -- COMMISSIONER SCHIFFER: It's an absolute answer. MS. FABACHER: You were beyond the deadline for the submittal. MR. CASALANGUIDA: Okay. COMMISSIONER SCHIFFER: I make a motion that we move it to the next cycle. COMMISSIONER STRAIN: I'll second that motion. COMMISSIONER ABERNATHY: Move it what? Page 16 1611 C 4 August 17, 2005 COMMISSIONER SCHIFFER: The next cycle. CHAIRMAN BUDD: The point being, that based on Mr. Schiffer's questions, it came in past the deadline, which directly correlates to all the angst and grief we're facing, that there appears to be insufficient public review. Motion by Mr. Schiffer, second by Mr. Strain to continue this to the next LDC cycle. COMMISSIONER ABERNATHY: May I ask a question? CHAIRMAN BUDD: Sure. COMMISSIONER ABERNATHY: Mr. Schmitt, if there's nobody from the development industry on the DS, Development Services Advisory Committee, what difference does it make whether they've had a hearing or not? Who is on it?� MR. SCHMITT: Well, there are many members -- COMMISSIONER ABERNATHY: I don't mean by name, I mean by background. MR. SCHMITT: What Al mentioned was CBIA. There was one member from the CBIA on the DSAC. COMMISSIONER ABERNATHY: But there are other developers? MR. SCHMITT: Yes, there are other developers. But because of the lawsuit and the issue with the pending lawsuit and members who are suing the county cannot be on an advisory committee, that gentleman was removed from the committee. But there are other developers. It's made up of developers -- COMMISSIONER ABERNATHY: Majority of them developers? MR. SCHMITT: It's all developers. COMMISSIONER ABERNATHY: All developers. Well, that seems like -- MR. SCHMITT: Developers or members of the industry. It just so happens that what Al said is in fact correct. They may be -- their companies may be part of the CBIA, but no -- officers of the CBIA are no longer serving on the DSAC. COMMISSIONER ABERNATHY: I got you. Okay. CHAIRMAN BUDD: Along the lines of discussion -- yes, Mr. Adelstein? COMMISSIONER ADELSTEIN: I understand and basically agree with what the motion and the second. My only recommendation would be, even though I'm sure it won't happen, but some things could happen between this meeting and the next meeting that we're having. We could also postpone it at that time and know for sure that nothing could be done in that interim of time. Why should we have to put the answer to it now when in fact we know we have to have another meeting on the 21 st? CHAIRMAN BUDD: For my own part, I'm in favor of the motion and my answer would be what's the use of having a deadline that doesn't matter? Because I'm still personally bothered by the point brought out at the beginning of this evening's meeting that Mr. Strain raised that we received this packet four days ago, and while members of the construction and development industry commented that they became aware of it yesterday, because I'm old- fashioned, I start at the front and read a book to the back, this being at the back, I found out about 2:00 this afternoon as I'm still crunching my way through this stuff. And I don't know, what -- Mr. Schmitt, what is the staff deadline for a hearing here on this date and time that it would have to have been submitted? Is that a matter of days or weeks, or when was that? MR. SCHMITT: I have a very -- a specific schedule, I have to turn to Catherine. I can give you the date, but there are dates. Submittals have to be in and then there are dates for each of the administrators to review the packets and concur with what's in the packet. It's a fairly prescriptive process. This was submitted late -- there's one development, I won't reveal the development, but there was one development that submitted 22 submittals, various SDP or plat submittals, to get under this process. And that's really what drove transportation to develop this. It was developed rather expeditiously in order to preclude future events or at least future attempts to try and circumvent what was meant to be for de Page 17 1611 0 August 17, 2005 minimis applications. So what you have here is a developer who has a large development, approved PUD and then has -- and breaking it down into 22 submittals. Now, certainly they have the option to do that in accordance with the code. They pay for each one of those submittals, but it certainly bogs down the system. And it was not meant to be that way. And this was a way to preclude that. But if this board feels -- they certainly can make that recommendation, if they believe that this out to be reviewed thoroughly. And I would say it probably is a good recommendation, that we understand the impacts and both the second and third order impacts of this, because it is a direct impact on the transportation issue and transportation concurrency. And if you feel that's what you want to do, we'll so note. We can bring it back at the next meeting, or we'll take your recommendation and -- CHAIRMAN BUDD: Well, the motion is to take it to the next cycle. When is the next cycle? MR. SCHMITT: Next cycle will start in the spring. We've been -- I don't know if we've been able to announce the date yet. MS. MURRAY: Susan Murray for the record. We don't have the schedule posted yet, but typically it begins January of 2006 and ends roughly in June of 2006. COMMISSIONER SCHIFFER: Hold it off for six months. MR. SCHMITT: We will have a call basically for LDC submittals sometime in December for a finalization. They'll probably be final in January as we put the packet together. COMMISSIONER ABERNATHY: You better start before December. CHAIRMAN BUDD: Okay, we have a motion and a second. Any further discussion? COMMISSIONER ABERNATHY: Move the question. CHAIRMAN BUDD: There being none, all those in favor of the motion, signify by saying aye. COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: Motion carries to continue this item to the next LDC cycle. Next item. MS. FABACHER: Excuse me, Mr. Chair? CHAIRMAN BUDD: Yes, ma'am. MS. FABACHER: I'd just like to clear something up. CHAIRMAN BUDD: Yes. MS. FABACHER: I couried those out on Thursday morning of last week. When were they received? They were supposed to be hand delivered that day. COMMISSIONER STRAIN: Mine, I remember seeing mine Friday. So I don't know if I got it Friday or it came in Thursday, because I stayed late, I don't know. But I got mine, first opened it on Friday. It's been four, five days. But for a package of -- COMMISSIONER SCHIFFER: But that isn't the issue here. MS. FABACHER: No, I understand. And, you know, if possible, I would like to give you more OMM 1611 C y August 17, Zoos time. I'd like to -- CHAIRMAN BUDD: We'd like it, too. MS. FABACHER: -- stretch the schedule out to give you a couple weeks to look at it. COMMISSIONER STRAIN: I think we've asked that many -- not of you, but we have asked that many times. For 204 pages, to have five days to digest it, then go back and -- MS. FABACHER: I agree. COMMISSIONER STRAIN: -- check it -- MS. FABACHER: Try putting it together. COMMISSIONER STRAIN: Also to verify the GMP, that time has not been here to do that. Especially with a meeting tomorrow that has a packet twice as thick as this one. So this has been inappropriate for this time frame, as serious of a nature as this one is. MS. FABACHER: Well, I promise we'll try and do much better and give you a lot more time. COMMISSIONER STRAIN: Catherine, I always know you will. CHAIRMAN BUDD: Thank you. What's our next item with multiple speakers? MS. FABACHER: We have no more speakers, so I think we could start at the -- go back -- if it's your pleasure, to go back to the beginning of the summary and -- unless you had some -- COMMISSIONER STRAIN: No, didn't you guys say there were two -- or is this both sections from the transportation that we voted on? MS. FABACHER: Right. COMMISSIONER STRAIN: Page 197 and 198, I'm assuming that's part of that. Okay. MS. FABACHER: That's two. COMMISSIONER STRAIN: Then I'm clear. Thank you. CHAIRMAN BUDD: Okay. So then we'll go back to the front. MS. FABACHER: The front page? CHAIRMAN BUDD: That works for me. MS. FABACHER: Okay. How about if I just read out from the summary sheet and give you the number and the packet, and if you have any questions, if not, we'll just go on. All right, I'm on Page 1 of the summary sheet, and I'm looking at the first box, the definition -- adding the definition of adjacent. Looking at the next box, which was an omission, which was -- COMMISSIONER STRAIN: Whoa, whoa. MS. FABACHER: I'm sorry. COMMISSIONER SCHIFFER: Let's do that one. MS. FABACHER: Oh, you want to do that one? I'm sorry. COMMISSIONER STRAIN: Oh, this is an interesting one. MS. FABACHER: I'm sorry, I didn't hear anything. I thought we were moving fast. COMMISSIONER STRAIN: I'll let Brad go first. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: Okay. MS. FABACHER: That would be on Page 1 of the packet. COMMISSIONER SCHIFFER: First of all, you know -- and the reason you described, that it was altered in recodification? Nothing was supposed to be altered, so -- MS. MURRAY: I can't hear you. Could you speak up a little bit? CHAIRMAN BUDD: Yeah, you're away from the mic. COMMISSIONER SCHIFFER: Okay. In the reasoning, it does say that it was altered. Everything Page 19 1611 C 4 August 17, 2005 -- nothing was supposed to be altered. We were supposed to keep all our meetings the same. But move on to the adjacent. I kind of like the old definition better. The new one has things like lying near or in close proximity. That's not exactly precise. Where the old one, I could read that and feel exactly what that meant. MS. FABACHER: The old one above, lying near or adjoining? COMMISSIONER SCHIFFER: What you crossed out, to share a common property line or boundary, that's understandable. Will be separated by a public right -of -way -- that's understandable -- easement or water body. The new wording, lying near or in close proximity, I don't know if that's adjacent or not. MS. FABACHER: Well, it doesn't -- under the definition, it does not have to touch, abut or be contiguous to be adjacent. MS. MURRAY: I think the intent here was to distinguish it between the definition of abut or abutting. Because they're intended to be two different terms. If that helps. COMMISSIONER SCHIFFER: Right. Well, abut and abutting I think is different than the old definition of adjacent. Anyway, that's just my opinion. I mean, how would -- what's close proximity? Is that one foot, is that 300 feet? Is that -- where is that? COMMISSIONER STRAIN: We're thinking alike tonight. MS. MURRAY: It depends on who you ask. COMMISSIONER SCHIFFER: Well, that's -- the definition's supposed to stop depending who you ask. MS. MURRAY: I understand. COMMISSIONER SCHIFFER: I would move to certainly add it back in, if it was removed, but I would go with the old wording. COMMISSIONER STRAIN: I'd like to take it a step farther. Since staff has brought up the possibility of a change to this definition, I've had an experience with the word water body in this definition that is unbelievable. And because the word water body is not defined as to width, height or depth, if you have a 200 -foot lake and you've got a product that's single - family on one side and multi - family on the another, you're required to put a six -foot hedge to block the view of that lake up, based on this definition. And I think because of that, this definition needs to have some clarification in regards to what is a water body. Is it a puddle, a stream, is it a long distance? And I'm glad to see there's been a suggested change, but it needs to go farther and be more definitive as to what these such things are. COMMISSIONER ABERNATHY: Well, the word is waterway, rather than water body. COMMISSIONER STRAIN: Well, in the old one it was water body. In the new one, it's waterway. I'm still same -- my question still stands then. COMMISSIONER SCHIFFER: But Mark, is the problem you describe the problem with the requirement for the buffer or the definition of adjacent? COMMISSIONER STRAIN: Well, if you have a lake as an amenity and you charge people to have their homes on the lake, and require a six -foot buffer in the back to protect them from seeing that lake, does that make a lot of -- MS. FABACHER: Excuse me, that is going to be addressed tonight on one of the other amendments. COMMISSIONER STRAIN: Well, I want to make -- okay, but in the word adjacent, now that the water body is an issue and has come up as an issue, what is a waterway in regards to its width? If you guys have got to have -- I think they're -- some kind of definition as to a waterway or water body occurs when you get past so many feet. Otherwise you could be -- like I said, a lake that's 100 or 200 feet wide all of a sudden becomes contiguous to two products, and you've got to have hedges between them when you're Page 20 1611 C August 17, 2005 really on a lake. That's where I'm coming from. COMMISSIONER SCHIFFER: Mark, are both sides of that lake owned by the same title? COMMISSIONER STRAIN: Yes. COMMISSIONER SCHIFFER: Then why is this an issue? COMMISSIONER STRAIN: I don't know. It's just how the interpretation came up. MS. FABACHER: Well, we'll take another shot at it and bring it back to you. CHAIRMAN BUDD: Okay, we won't take specific action but say that we've got problems and we're looking for a revision at our next -- COMMISSIONER CARON: Is there an attempt to define this in the new language where it says waterways such as, and then lists several items? MS. FABACHER: That was, yeah, that was the intent. COMMISSIONER CARON: Was that the attempt, to clarify water body? MS. MURRAY: Yes, to answer your question. What is -- can I -- I just want to make sure I have an understanding of the concern. I have a partial understanding. And just as you said, Commissioner, we had attempted to clarify it by putting river channel. And it is -- sometimes that's kind of hard to define by waterway. I mean, you've got marinade things, you've got naturally occurring things, you've got half and half, you've got huge lakes, you've got puddles. And so I was just trying to understand exactly your concerns. COMMISSIONER ABERNATHY: Waterway implies some flow, to me, and I think it does to most people. A water body is one that does not have that flow characteristic. MR. SCHMITT: Can I bring some clarification? A developer who has a waterfront property or units on a water body, of course they're marketing those as an amenity as waterfront property, as they describe it in Naples, waterfront property. What has come up is the -- when you're using adjacent and you have a single - family on one side of the water body and a multi - family on the other, that mandates a certain buffer. And where we've been having problems is determining, well, if you had a single- family on one side and a multi - family on the other, then you're going to have a required type B buffer. And that type B buffer may be behind the lots that are being sold as waterfront properties as an amenity. So we tried to clear this up. And in the landscaping language, we describe the distance that is deemed to be not requiring that would allow for some other method of putting in landscaping, rather than a straight type B buffer. So that was the problem. This is to preclude putting in a comment saying okay, type B buffer, and then somebody says okay, there they go again, telling me a put a buffer down the middle of a lake, or down the back yards of a lake that our property's being sold, frankly, as waterfront as an amenity. So that's what we're trying to describe here. We're trying to write a precise definition to ensure that when single - family or multi - family or any other type of buffering, that the buffering is put in. But if you're at a water management canal five feet or 10 feet, we certainly think there ought to be adequate buffering to buffer those two types of developments. If you're on a water body that's a water management lake, a large 60 -foot, 100 -foot. So that's what we're trying to do here, we're trying to preclude a standard comment from being applied to a situation that doesn't really, when you look at it and you go wow, this doesn't make sense. I mean, who would put a buffer behind their home because they're on a fronting water? CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, but this is just the definition of the word adjacent. MR. SCHMITT: Right. COMMISSIONER SCHIFFER: The misuse of the word adjacent's the problem someplace else in the code. Page 21 16f1 "aw August 17, Zoos C MR. SCHMITT: That's correct. So what I'm trying to do is clean up the word adjacent because it says -- COMMISSIONER SCHIFFER: And I think one of the important things in here, it says a common property line, which means -- gives the concept of two owners, which is why you would use the word adjacent, which I think has been dropped. So I really think the old definition was good. A water body, I mean, if it's a puddle owned by one guy, it's -- you know, the regulations should treat it differently. But I mean, what they're saying is that a property across another water body would be considered an adjacent property, and the word adjacent used for whatever regulations further in the code. CHAIRMAN BUDD: Ms. Caron? COMMISSIONER CARON: Yeah, I believe that what you're talking about trying to correct is in another LDC amendment here submitted. MR. SCHMITT: Yes, Mike wrote that in another -- COMMISSIONER CARON: Not -- I don't think it relates to the word adjacent. MR. SCHMITT: -- portion of this LDC tonight, but the -- we were also trying to correct any misuse of another part of the code, based on the word adjacent. And that was the attempt here. COMMISSIONER CARON: And it should be corrected in the other LDC amendment. MR. SCHMITT: Well, it was trying to be corrected in both. Both the definition of when to apply the type B buffer, and also to clarify the word adjacent. MR. WHITE: Have we defined the word -- MR. SCHMITT: We may have created more complications now is what I'm hearing. COMMISSIONER SCHIFFER: And I think you missed the point of what adjacent is. Let me -- where adjacent's a concern is is in the definition of -- adjacent used like in architectural standards. Is the building across the street adjacent to the property? We know it's not abutting. And I think that's what the importance of this word would be. CHAIRMAN BUDD: I don't think there's any dispute that there's a problem. The question on this is, is this the answer? So if you could take a swing at this and have something different at our next review. MR. SCHMITT: Got it. CHAIRMAN BUDD: All right, next item. MR. SCHMITT: I'll certainly entertain any suggestions, if you have any. You can e -mail it to me or Susan if you've got any suggestions that you think might help clear this up. COMMISSIONER SCHIFFER: Well, I'll give you one now. Stay with the old, dump the new. COMMISSIONER ABERNATHY: Moving right along. CHAIRMAN BUDD: Next item. MS. FABACHER: Next item would be the definition of parking. Exclusion of interior parking structures from the calculations of the floor area ratio, which was omitted during recodification. CHAIRMAN BUDD: Any questions on that item? COMMISSIONER STRAIN: Yes. I'm going to end up having to have questions on everything tonight. I'm sorry. When you're adding -- when you're taking out parking facilities now, out of FAR, you're saying that's the way it was in the prior code? Because I don't recall that. MS. FABACHER: Yes. COMMISSIONER STRAIN: That's the way it was in the prior code. In the LDC, parking was not part of the FAR? MS. FABACHER: Right. Not parking, but I mean interior parking. I'm sorry if I misspoke. Interior parking within the structure was not -- was deducted when they calculated the floor area ratio. Page 22 16 {1 -C August 17, 2005 COMMISSIONER STRAIN: Okay, floor area ratio is -- MS. FABACHER: Relationship of the square footage of each -- COMMISSIONER STRAIN: Right. MS. FABACHER: -- floor to the size of the lot. COMMISSIONER STRAIN: Okay. MS. FABACHER: But what they allowed you to do is if you put parking structures inside of your building, then that wouldn't count towards your square footage of your building. COMMISSIONER STRAIN: But it still would be massing of the building in relationship to the lot. Because you'd have to increase the building size to accommodate the parking. Floor area ratio is more of a comparison of massing to the lot than anything else. So I'm wondering if that's the right thing to do, and that's why I circled it, to question what the intent was here. Because I've tried to look on the Internet for different definitions of floor area ratio. I didn't find any in the little bit of time I took that excluded this area, so I wasn't sure why we were trying to do it. MS. MURRAY: Well, floor area ratio is a regulation that deals with intensity, much like density. So I think the thought here -- and I can't answer your question about whether it was in the old code or not. Did you confirm that? MS. FABACHER: Yes, it was in the old code. MS. MURRAY: But the idea here is the building square footage that actually deals with the use -- I mean, the use of the building, the portions of the building that would generate traffic from an intensity standpoint is what the true calculation should be. COMMISSIONER STRAIN: But isn't that a zoning calculation, really? Not -- I mean, FAR is supposed to show something different than zoning. Zoning can be calculated by use. FAR is more of a massing in comparison to the lot size. MS. MURRAY: It's in part massing, but it's also mostly in part an intensity regulation. Compare it to density. You know, four dwelling units an acre compared to eight dwelling units an acre, there's a difference in density. Intensity is often areas used to describe, for example, commercial or industrial square footage, different from density. So that's the intent of the regulation. So you have a ratio that measures the floor area of a use, an actual use that generates intensity. Traffic trips is the normal measurement there in relationship to the land. Yes, it does have to do with massing, certainly. COMMISSIONER STRAIN: Well, any traditional stories or width for parking would generate massing. I would certainly like to make sure we hear this twice so that I would have some time between now and the next meeting to verify some of the thoughts I have about it, maybe staff could do the same thing. MS. FABACHER: All right. CHAIRMAN BUDD: Any other questions or comments? Mr. Schiffer? COMMISSIONER SCHIFFER: Susan, we don't really use floor area ratio much in Collier at all except -- what zoning district is this? Isn't it tourist or something? MS. MURRAY: Well, it was in residential tourist and then it got taken out and we reverted back to old language. And some PUD's have it. It's also used for -- oh, gosh, the name goes right out of my head. It's not necessarily a zoning district, but for the old age facilities, the -- COMMISSIONER ABERNATHY: Assisted living. MS. MURRAY: Assisted living, thank you. Assisted living facilities are regulated by FAR. Some PUD's may have it in there. But yeah, you're right, we don't use it in our typical zoning districts, right. Page 23 1611 c August 17, 200 CHAIRMAN BUDD: Any other questions or comments on this item? (No response.) CHAIRMAN BUDD: Next item, please. MS. FABACHER: All right, the next item, which is the last one on Page 1 of the summary sheet would be the definition of lot depth and lot width measurement. It's how it's measured. COMMISSIONER SCHIFFER: You can go first this time. COMMISSIONER STRAIN: My question here is how does this -- this is really addressing pie- shaped lots? And the reason I'm asking that is basically then what we'd have to have is a minimum lot width of every pie- shaped lot at whatever the setback is for that lot. MS. FABACHER: Right. COMMISSIONER STRAIN: In the PUD -- MS. FABACHER: Well, when the lengths and the widths lot lines vary on either side, then you would go to the building setback line to measure there. COMMISSIONER STRAIN: In PUD's we generally see a lot of variable front setbacks, which is the line that's going to be affected most by this. Pie - shaped lots come off at very tight ankles at times. If you have a 10 -foot or 15 -foot required setback on an PUD, and if you've got to have the lot width -- the minimum lot width started at that setback point, I don't think you're going to get that in a lot of cases, because what happens is people will use that setback with a narrow point, still get their seven and a half on each side, but in the center they can start their garage or something else and build the building to the back of that. This would take that ability away, because you'd have to have wider pie- shaped lots to begin with. I'm not sure that is the intent of where you were trying to go with this. That would be my only concern. I'd like to see how it applies to those forms of pie- shaped lots. MS. FABACHER: Cul -de -sacs. COMMISSIONER STRAIN: Yes, that's where pie shapes normally -- Brad? COMMISSIONER SCHIFFER: My concern on width also is for example you're actually saying that it's a straight line parallel to the front line, which in a cul -de -sac would be curved, it wouldn't be a line. So where is that? And I mean, it's obviously the horizontal distance. The thing up above on depth, these are all for four -sided sites. If you have a site that has five sides, for example, the depth could be greater. So I'm not really sure these are good definitions for the different kind of sites we could have. So, I mean, I think I could make the suggestion on the depth would be to make it the average and the maximum to the minimum depth of the lot. I mean, if you want to rather than work it out here, we could meet and I could show you -- MS. FABACHER: That would be helpful, thanks. COMMISSIONER CARON: But this definition was not being changed, correct? MS. MURRAY: Correct. COMMISSIONER CARON: This is the one we've been living with forever. MS. MURRAY: Correct. COMMISSIONER CARON: And we were just putting it back because somehow it was left out. MS. FABACHER: No, Pm sorry, it was changed. COMMISSIONER CARON: Okay. That's not what it says here. COMMISSIONER SCHIFFER: In the recodification, nothing was changed, so how could this be? CHAIRMAN BUDD: Theoretically. COMMISSIONER CARON: That's why I'm asking the question. MS. MURRAY: Okay, we need to clarify that for you in the next meeting. Sorry about that. CHAIRMAN BUDD: Any other questions on this item? Page 24 1611 C August 17, 2005 (No response.) CHAIRMAN BUDD: There are not. We've been going for almost an hour and a half, and before the court reporter hits me with her computer, let's take a 10- minute break. (Recess.) COMMISSIONER STRAIN: Mr. Chairman, I'm worried that the folks from Golden Gate are going to fall asleep back here. And they're here for an item starting on Page 130. And I was wondering if we could hear their item out of the stream of items. If no one objects, would that be something that the -- COMMISSIONER ADELSTEIN: So moved. CHAIRMAN BUDD: That works for me. That would be Golden Gate downtown commercial overlay. Page 130 of our package. And Ms. Mosca? MS. MOSCA: Yes, good evening, Commissioners. Michelle Mosca with the county's comprehensive planning staff. I would, very briefly, if you would allow me to, just provide you the genesis of the amendment. If not, we could go into questions. Whatever your pleasure is. In June of 2001, the Board of County Commissioners appointed individuals to Golden Gate area master plan restudy committee, primarily to assist staff with reinvestigations to the Golden Gate Area Master Plan. As a result of the restudy process, the committee recommended to the Board of County Commissioners that a downtown center commercial district be established. And this was to serve as the primary entryway into the Golden Gate community, as well as provide a downtown commercial area for the Golden Gate city residents and the Estates residents. The Board of County Commissioners adopted an amendment to the Golden Gate Area Master Plan in October of 2004. Staff was then directed to work with an ad hoc committee and the community to establish an implementing zoning overlay, which is before you tonight. Staff would also like to mention that there are certain outstanding issues that still remain as a result of committee review and further staff review. The principal issues include access for properties along Golden Gate Parkway, as well as a provision for installation and maintenance of street trees and buffering along the Parkway. However, staff intends to work with both the former ad hoc committee members and county staff to resolve the outstanding issues and bring it forward at your next -- those recommendations to you at the next meeting. , CHAIRMAN BUDD: Comments on this item? Mr. Strain? COMMISSIONER STRAIN: I'm pleased to see that the community's come forward with some more changes. Certainly they're needed. I had seen this at a draft format a long time ago, and I provided my comments to members of that committee. I believe that -- I thought this was the refined version, but I found out that even the committee members hadn't seen this version until just recently. So when this came across, my opportunity -- since this weekend, I have not had time to read it. I'm going through it before the next hearing, but I don't expect to have too many comments. But I just wanted you to know I just can't comment on it right now, because this went out of my head to put aside. There's too many that are on for tonight. CHAIRMAN BUDD: Other comments? MS. FABACHER: I just wanted to say that on the top of the handout I gave you, I had neglected in your packet to put the DSAC comments. And they were just some -- that was on that Page 7 of the summary sheet, just discussing using the alley for primary entrance, screening of dumpsters. Just some DSAC comments, just so you know. Page 25 loll C 4 August 17, Zoos CHAIRMAN BUDD: Very good. Mr. Schiffer? COMMISSIONER SCHIFFER: One of the concerns we're having with other overlay districts is the use on -- underlying use being different than what the overlay allows. Is that addressed in this? I didn't see the -- MS. MOSCA: It is. The underlying zoning uses, some of them will still be allowed, but yet some of them are prohibited. Does that answer your question? And in addition to the underlying uses, C -1 through -- certain C -1 through C -3 uses are allowed as well. COMMISSIONER SCHIFFER: But, I mean, does this restrict the underlying use -- existing zoning? MS. MOSCA: Somewhat, yes, it does. COMMISSIONER SCHIFFER: Essentially it's changing their zoning. I mean -- MS. MOSCA: It's restricted in certain uses, yes. If an individual who for example has a residence and it's owner occupied, they can retain that residence. They're not forced to participate in the program to develop as commercial. COMMISSIONER SCHIFFER: I mean, I'm in favor of it, but I don't want it to be like other overlays which become like the Emperor's new overlay where even though it says you can do something, you can't because the underlying existing zoning won't allow it. MS. MOSCA: Well, there are prohibited uses. For example, the underlying zoning would allow as a conditional use day care centers, for example. But the committee and the community, their vision is that this would not be suitable, a suitable use for that particular area. COMMISSIONER SCHIFFER: Okay. So the owner of that site, when he comes in to do a day care, how will you -- I mean, this overlying -- the overlay will trump the underlying zoning? MS. MOSCA: That's correct. The use is pro -- it's listed as a prohibited use within the zoning overlay. So, therefore, if an individual requested, for example, that day care center, they would not be allowed to operate one. COMMISSIONER SCHIFFER: Are there any uses that are given because of the overlay? MS. MOSCA: Yes. That would be C -1 through C -3 uses. COMMISSIONER SCHIFFER: So a residential lot allows them to do the C -1 through C -3 uses? MS. MOSCA: Provided they meet certain development criteria and design criteria, yes. COMMISSIONER SCHIFFER: So this is powerful enough to change that zoning? We won't have the same problem we're finding where we have residential zoning, we can't do commercial uses, even though the overlay says that? MS. MOSCA: I don't want to say there won't be any problems. Something always comes up, depending on the situation. Our hope and our goal is that these residential owners will participate and share that same vision as the remainder of the community and develop -- basically this sub district encourages the aggregation of property and to develop as a pedestrian oriented retail type restaurant, et cetera. COMMISSIONER SCHIFFER: Just to make it quick, just make sure that if the owners do have to share the hope and goal, which I share, that they're able to really do it, they're not stopped because the zoning that they own now doesn't meet what the overlay says they can do. It's just the problem in other places we're having. CHAIRMAN BUDD: Other comments, questions? MR. WHITE: If I may piggyback on Commissioner Schiffer's comment. I think it's fair to say that Page 26 1611 C August 17, zoos just the same as some of the concerns that have come up most recently with respect to how to administer the Bayshore and now Gateway triangle overlays, I think those same issues exist here in terms of, you know, process. And I think the staff and our office are going to have to take a look at those things more generally and specifically as to this particular overlay. And so your comments are duly noted and I think they're very timely and helpful for having us all to appreciate just some of the complexities that can arise, depending upon a property owner's particular choices, so -- COMMISSIONER SCHIFFER: Thank you. CHAIRMAN BUDD: Any other comments or questions? (No response.) CHAIRMAN BUDD: No public speakers on this item? MS. FABACHER: Mr. Chair, we have one more public speaker -- or someone else here for Section 4.06.02, 4.06.05. That's on Page 12 of your summary sheet. And 13. And that is the buffer requirements and the general landscape, general landscaping requirements. So if it's your pleasure, we could have Mr. Sawyer address these now. CHAIRMAN BUDD: Yes, please, let's do that. And that's on Page 163 of our binder. COMMISSIONER STRAIN: Just for clarification, we'll hear the Golden Gate elements a second time on the 21 st? MS. FABACHER: Right. That's what I have down. CHAIRMAN BUDD: Good point. I forgot to make that clarification. Yes, sir, Mr. Sawyer. MR. SAWYER: Yes, sir. For the record, Mike Sawyer, Senior Planner with Zoning and Land Development review, to talk about the landscape amendments. I do have a presentation. I'm trying to get it up right now. There we go. Basically we've got three amendments that are landscape related with this particular cycle. The first is to provide flexibility when we've got A and B buffers adjacent to lakes. We've already talked a bit about that issue, kind of skirting it. The second is to have limits on synthetic turf in the landscape. And the third is to have specific requirements when we're dealing with steep slopes, or slopes in general. We did pull together a group of review people in a committee to look at all three of the amendments. These are the people that were on the committee. We had a number of people from outside the county, as well as county staff in the committee. We basically met three times to talk about the amendments, refine them as we were going through. Again, the first one is the flexibility, when we've got A and B buffers adjacent to lakes. Primarily this is in residential areas where the conflict actually exists. The landscape should actually enhance lake views instead of taking away from them. The real issue that is the lakes themselves don't provide a vertical buffer. They provide a dimensional width as far as separation, but they don't provide any kind of vertical buffer. And we can also have the same level of landscaping provided with proposed flexibility that we're proposing with this amendment. This gives you an idea of what can possibly happen when we don't have buffers adjacent to lakes. It gets pretty bear. Here we've got a landscape buffer that is adjacent to a lake. And what's on the other side of that is a fairly large loading dock related to a strip center. So there are -- you know, there are times when we definitely need to have buffers to try and take that visibility away from the edge of the lakes. Page 27 1611 C August 17, 200 This gives you an idea of a typical development where we do have part of the buffer that's already in place, and the newer section that is being constructed right now where the buffer isn't. So that gives you again an idea of where we've got buffers and where we don't. This gives a good example here of what we're talking about with the amendment as far as actually having clusters of the plantings; in other words, allowing some room in between the buffers for views. Again, this is another example where the tree plantings are not exactly done in a row. The plantings, the shrub materials again aren't put in the exact row. That's pretty much as far as that particular section goes. We do have language in the amendment currently that does address the width issues, when is a lake a lake, in other words. We've defined it that it needs to be a minimum width of 50 feet at the low water level. We arrived at that figure, along with discussions talking with our engineers, that generally tends to be the minimum width that you need to have when you've got large fluctuations in lakes. Some areas in the county have as much as three plus feet of water fluctuation in some of the lakes. With that 50 feet, we're fairly confident that we're going to have a fairly good width element that will address that particular issue. We're including both A and B buffers. The B buffers where the six -foot hedge would be required, we're taking that six -foot hedge and allowing it to be incorporated into lower plantings. And again, these plantings would also be allowed basically anywhere from the lake maintenance easement all the way up to the edge of the buildings. COMMISSIONER SCHIFFER: I'll start. COMMISSIONER STRAIN: My turn after you. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: When do we need a buffer? First of all, I definitely think the commercial thing you showed between commercial and residential of full -blown buffers shouldn't even have the option to do this on the commercial side. When is a hedge required in residential construction? MR. SAWYER: When you've got multi- family adjacent to single- family. COMMISSIONER SCHIFFER: And why is that? MR. SAWYER: Because the idea there is that you've got a more intense use with the multi - family, compared to the single family. You've got different densities. Usually you have different heights related to those structures also. COMMISSIONER SCHIFFER: Right. And multi - family certainly tends to be taller than six feet. So you're not blocking anything, you're just blocking -- MR. SAWYER: You're softening the image of those structures, basically. COMMISSIONER SCHIFFER: I mean, I would personally like to see -- I think what you're doing here is good, but I'd like to see maybe you removing that requirement, too. The clustering, you're allowed a tree in the A -type buffer, one tree for every 30 feet, but you're allowed to put them 50 foot together. I mean, that's not giving you too much leeway. Where is the 50 feet coming from? Why is that? MR. SAWYER: The 50 feet is allowing the clustering of plantings to occur so that you've got more of -- you've got the opportunity to have wider views into the lake. In other words, you don't have to have exactly one tree every 30 feet, you're able to have some of those clustered more towards the common property lines between the two homes. COMMISSIONER SCHIFFER: I mean, the home would probably have more trees than that. MR. SAWYER: Normally they have a lot -- COMMISSIONER SCHIFFER: But my comment is one to 30, giving it to 50 doesn't -- you know, it's not extra trees to move around. 1611 C August 17, 2005 The -- why is it a requirement, though, like in this house you're showing here, if these people didn't want a tree in the center of their property line, I mean, wouldn't it be good to cluster them along the property line? MR. SAWYER: That's -- our intention is to allow that to happen. And if, you know, the committee would rather have that width greater than 50 feet, we can certainly consider that. COMMISSIONER SCHIFFER: I think in single family, it would be better to put them on the property line, let the people have full view. Just my opinion. MS. MURRAY: I think we could make that an option. I think, if I'm understanding, it's maybe not so clear here, because that is the intent is to allow them to be clustered on the property line. COMMISSIONER SCHIFFER: And that would make the site. Looking between the trees, that would be a pretty vista. MR. SAWYER: If we were to look at it just from a property line standpoint, that probably would also address where we've got much larger lots. Sometimes you've got them on the peninsulas and that sort of thing so you have a tremendously long -- COMMISSIONER SCHIFFER: In your B buffer, what's going to happen to the hedges in that case? You say you can double them up. So you're going to take out a chunk of hedge and put them behind other hedge? MR. SAWYER: Yeah, basically what's going to happen, Commissioner, at that point is that you're going to wind up with larger and deeper beds in some areas and not beds in others, again to allow those views to actually occur. Again, that could be at the edges of the structures or where you don't have windows. COMMISSIONER SCHIFFER: I think the sad thing -- and I know you're trying to protect the view of the multi - family, but the multi - family people would like a view of the lake, too, to put a six -foot hedge which now we're letting you gap it. I mean, I'm not sure why the hedge is there yet, but that's not the issue. I'm done. Thank you. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Mike, when you right responded to Brad's -- one of his first questions, you said when multi - family is adjacent to single - family, and of course this is where the definition of adjacent comes in. Now that you've put that on the table, when is a multi - family, in regards to these buffers, adjacent to a single - family? MR. SAWYER: It will be any time that you've got an individual development coming in with a, you know, defined development area, and you've got on the other side of a lake or another water body or what have you, that's when you would have the buffers kick in. COMMISSIONER STRAIN: You said any time. There's no exceptions? MR. SAWYER: Currently there are none, no. COMMISSIONER STRAIN: So if you have a 200 -foot wide lake, you've got to have this apply? MR. SAWYER: Correct. COMMISSIONER STRAIN: We've just kind of defeated our purpose. I'm just wondering -- COMMISSIONER SCHIFFER: Well, actually, don't you have put it on the ocean to block the view from Mexico? MR. SAWYER: That one hasn't come up, Commissioner. COMMISSIONER SCHIFFER: But it meets the definition. COMMISSIONER STRAIN: That's what my concern is. Why would we think that we need a buffer between unlike product across from a 200 -foot lake? I don't understand that. You're selling the lake. Every development in this town sells water view amenities. And they're all water management lakes, by I' I - 'I M 1611 C 4 August 17, 2005 the way. So if it applies to any lake -- at first I thought it only applied to lakes that were less than 50 feet, but you just said it applies -- when I asked you 200, you said yes, it would apply. So what is this -- how does the 50 feet minimum low water level come in to play if it applies to a lake 200 feet across? MR. SAWYER: What we're looking at is to allow the clustering to happen where there actually is a defined lake or water body. And what we're trying to avoid is those instances where we've got very thin, you know, very small little areas that on occasion fill up with water. In other words, a simple water management swale, we would not consider that a lake. So we're trying to avoid that with this particular language. COMMISSIONER STRAIN: Okay, but if you have a 200 -foot lake, 200 foot across, 100 foot across, 300 foot across, 600 foot across, the Gulf of Mexico, if you have two product on each side that's different, you believe a buffer is needed is needed between those product, based on the word adjacent, including the word water body; is that a fair statement? MR. SAWYER: This is the way the LDC reads currently, yes. COMMISSIONER STRAIN: That's what I think needs to be changed. That is wrong. If you guys want more landscaping on a piece of property and are using the argument of a buffer to get there, that's in improper use of buffering. Why don't you just say you want to increase the landscaping template in the back of homes, and in the back of homes of "X" amount of width they've got to have a minimum landscape template of "X"? Why pretend that we need a buffer when it's obviously something that isn't needed and then turn around and say well, we don't really want to have a buffer, you can take the buffer but just spread it around the property. It's no longer a buffer. A buffer is something that's partially or semi - opaque. MS. MURRAY: I think Mike demonstrated that it does function as a buffer in a lot of cases. And I think what I hear you saying, Commissioner, and that's your opinion, is that you don't -- you believe that there's a certain dimension where a vertical buffer is not necessary, because the width of the horizontal or flat buffer makes up for that. So if that's your conclusion and you want to make a recommendation to us, then please do, so we can maybe add a dimension in here. COMMISSIONER STRAIN: I didn't talk about a horizontal buffer. I didn't -- the buffer that I'm trying to speak of is what staffs indicating is needed to block lake views. MS. MURRAY: It's not a lake view issue. The issue is between dissimilar uses. And I say dissimilar because in this county we typically view multi - family and single - family residential as dissimilar, in a way. You know, right or wrong, I think that's historically how it's been applied in the code. So I guess all I'm saying is if you believe that, you know, a width of a waterway would preclude a vertical buffer, then do you have a recommendation of an adequate width so, you know, the buffer isn't required anymore? COMMISSIONER STRAIN: No, I have a recommendation that don't call something a buffer that doesn't -- that isn't going to function as a buffer. A buffer is something that you don't see through. In a commercial application in pictures that Michael showed, yes, it's a good thing to have a buffer. But when you've got residential that pays for water views, you're doing nothing to benefit those citizens, to block their views that they've paid for. MS. MURRAY: Well, a Type A buffer is not an impervious or opaque buffer. So I'm not sure I necessarily agree with your statement that a buffer has to be opaque. There's a lot of factors about buffers besides opacity that helps soften or block views. COMMISSIONER STRAIN: I will continue this argument all night, if you'd like, Susan. But what I would like to tell you is if you don't want a -- if a buffer isn't required, then increase the landscaping Page 30 1611 C August 17, 2005 template in a manner relative to the width of the lot and stop saying it's a buffer. MS. MURRAY: Commissioner, I don't want for argue with you, but you're implying that we're somehow misleading you or lying to you, and I don't appreciate that. All I'm asking is that if you have a recommendation, please give it to us. Because I understand your point, and I think it's a good one, but we're here for your input. We didn't present this in a way to mislead or misintend it. We're trying to clarify the code and provide what happens in reality, which is -- you're right, people pay for water views. Let's try to buffer while minimizing the impact to water views that people are paying for. COMMISSIONER SCHIFFER: Okay, I have a recommendation. Type A buffer doesn't have a hedge, correct? MR. SAWYER: Correct. COMMISSIONER SCHIFFER: So in the Type B buffer, the wording you have is good. Could we add to that another sentence to say that any water view with a minimum level at 100 feet does not require a hedge between residential? In other words, add one sentence to the wording on two that would say that any waterway -- and I think you're right at minimum low water level -- greater than 100 feet between residential uses does not require a hedge. And then everybody's happy. COMMISSIONER STRAIN: Well, I'm just wondering why 100 feet, Brad. 100 feet's a long distance. COMMISSIONER SCHIFFER: What's the depth of this room? MR. SAWYER: Fifty? COMMISSIONER SCHIFFER: Fifty? I mean, I think a single- family home with a two -story residential that distance might want a hedge. I don't know. COMMISSIONER STRAIN: Fifty might. Why 100? COMMISSIONER SCHIFFER: Okay, let's try 50. So that way you don't have to add a new sentence, you could just in that one sentence say, you know, between 50 foot -- you know what to say. Just whereas, between residential it's not required with water bodies over 50 feet. MS. MURRAY: Okay. Is that -- the rest of the board okay with that? COMMISSIONER SCHIFFER: Because when you think of it -- COMMISSIONER STRAIN: I'll believe it when I see it. COMMISSIONER SCHIFFER: -- a multi - family building could be a three -story building. A hedge isn't doing much other than block the view of the guys on the ground floor. CHAIRMAN BUDD: By consensus, that sounds like a good recommendation. COMMISSIONER SCHIFFER: Fifty feet? CHAIRMAN BUDD: Yes, sir. Other comments on this section? (No response.) CHAIRMAN BUDD: There appear to be none. And no speakers. Thank you. MR. SAWYER: Also, I have the other -- also the other amendments. The synthetic turf amendment basically addresses actually limiting the amount or location of synthetic turf in the landscape. What we're running up against with synthetic turfs are that they actually have a compacted gravel base that can be up to six inches, generally they're four to six inches, that's actually creating impervious areas. It does increase the heat gain on sites, and it does limit the on -site water quality treatment possible. It also can increase deep flows from storm water runoff. When you can't contain the water on -site and it winds up all running off, that does have implications in the water systems. Obviously they don't have the ability to produce oxygen, absorb pollution -- pollutants, and it doesn't allow any kind of water permeability down at the aquifers. The -- I'll be real honest, the DSAC committee did not recommend approval of this particular Page 31 1611 C 4 August 17, 2005 amendment. The reasoning given was for water saving criteria. And obviously synthetic turfs do not require watering, as natural turfs do. I believe that if you look at the down side of synthetic turfs, and the one saving grace being if it is saving water, there are better methods of saving water than resorting to using synthetic turfs. We are just limiting it. You can put them in the backyard, in your backyards. Up to 30 percent of the backyards can be in synthetic turfs. So that will allow you to do play structures, other types of -- possibly putting greens and that sort of thing. CHAIRMAN BUDD: Questions on this item? Mr. Schiffer? COMMISSIONER SCHIFFER: I mean, I kind of agree with it. I think there's nothing uglier than an old piece of synthetic turf, which is what they become real quick. Is there a way that we could limit it outside the setbacks of the building that would allow people -- do people really want to put it in their backyard? Is that what you're finding? MR. SAWYER: I think the more appropriate uses, when you relate it -- there are certain reasons and areas that you do want to have it. Some people like to have it in play areas. Some people do like to have putting greens. In those cases I think there's a good argument, yeah, go ahead and have it in those areas, and those uses are generally in the backyard. CHAIRMAN BUDD: Thank you. Any other questions or comments? COMMISSIONER STRAIN: Yes. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Page 167, top of the page, it reads grass lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County. What species do you mean when you say normally grown? Do we have a definition for that in the code? MR. SAWYER: Actually, I copied that out of the previous language for that particular section. We would use what is generally currently available in the landscape industry. They are constantly coming up with new species, new subspecies, and they are commonly used throughout the county. So we really don't want to have just a specific -- you know, just limit those to just those particular species, because some of the newer species have advantages from a water standpoint, from a fertilization standpoint. There's a lot of improvements being made in the turf industry. We didn't want to just limit that. COMMISSIONER STRAIN: Is there any type of grass then that you would refuse? MR. SAWYER: That's a good question. COMMISSIONER SCHIFFER: Forbidden turf. MR. SAWYER: I don't think we have a forbidden turf -- COMMISSIONER STRAIN: Okay, then do we -- MR. SAWYER: -- other than possibly weeds. COMMISSIONER STRAIN: Is that sentence needed then? If you're not going to have any that you're not going to allow, then why do we need to only allow the ones that we normally use, since there's none that we don't normally use? COMMISSIONER SCHIFFER: If you reduce the word normally with naturally grown? Because I think the point he's trying to make is that it's a living grass, it's not a -- to get to the synthetic issue. If you said species naturally grown or something. COMMISSIONER STRAIN: Well, I don't think grass is naturally grown. They come in big rolls and they're -- sections and they drop it on the ground, ground side up. COMMISSIONER SCHIFFER: That's unnatural. MR. SAWYER: But it does come from seed. It is naturally grown. COMMISSIONER STRAIN: I'm just -- I mean, unless you -- I just thought it was odd that if there's no grass that's not allowed, then why do we need to say that only the normally grown grass is Page 32 1611 C # August 17, Zoos allowed? Because basically everything's allowed. CHAIRMAN BUDD: Think about that sentence and do something creative. COMMISSIONER ADELSTEIN: Make it simple. CHAIRMAN BUDD: Make it simple. MR. SAWYER: We'll simplify it, Commissioners. CHAIRMAN BUDD: Other comments? COMMISSIONER SCHIFFER: Yeah, just looking at that, six-in -one slope would be really huge, isn't it? I mean, you'd almost have to have synthetic turf. You'd have to nail it to it. MR. SAWYER: Actually six -to -one is the minimum that is -- that actually came out of our engineering division. COMMISSIONER SCHIFFER: But is six the vertical and one the horizontal? MR. SAWYER: No, it's six horizontal, one vertical. COMMISSIONER SCHIFFER: Isn't that the backwards way to say it? MR. SAWYER: We could be more definitive on that. We did define that better in the slope section. We can do that here also. CHAIRMAN BUDD: Okay. All right, anything else on this section? MS. FABACHER: Excuse me, yes. Ms. Petry would like to make a comment. CHAIRMAN BUDD: Okay, great. If we could hear from you, please. MS. PETRY: Hello, everybody. I'm Kristen Petry and I have a landscape design/build company in town. And it's just a quick comment about the normally grown species. And I think what that's doing is just precluding a use of a species that doesn't thrive here, something in a northern climate. And I think that's just what Mike is trying to say and what the code is trying to say. Thank you. CHAIRMAN BUDD: Thank you. Any other comments? (No response.) CHAIRMAN BUDD: Anything else on this section? MS. FABACHER: I believe Mike has another on slopes. MR. SAWYER: Yeah, we do have slopes. MS. MURRAY: It's on Page 168. COMMISSIONER VIGLIOTTI: We received an addendum on that tonight? We've received additional paperwork on that? Slopes? MS. FABACHER: Yes, we did, as a matter of fact. The refinement. MR. SAWYER: Yeah, the refinement that you see, last amendment cycle, there were -- because of the codification, there were actually -- the slope section previously was in two locations in the LDC. When we started this amendment cycle, we cited the incorrect one, and so that's why you've got the revised version that you've got. We originally were citing C -11, I believe. And we should have been citing section I. It was doubling up because of the codification. CHAIRMAN BUDD: Okay. COMMISSIONER SCHIFFER: Question on this. MR. SAWYER: Basically just to give you a little background, currently we're seeing a lot of much more compacted development on sites, and we're having conflicts, and we're seeing a lot steeper slopes than traditionally Collier County has seen. And this has got certain design challenges to it. Currently the LDC doesn't address slope situations. And pretty much industry -wide we're feeling that it should. We need to have design flexibility to ensure that we still have public health, safety and Page 33 1611 C if August 17, 2005 welfare addressed. We also need to still incorporate the landscape buffers and certainly address aesthetics, is what our amendment's trying to do. These two photos will actually show you what can happen when we do have in this case rip -rap that's used on some side slopes. The top photo that you see was a situation directly after installation. And the main photo actually shows you what it looks like about four years later. The rip -rap is not -- has not been successful and is eroding away. You can also see that it's become pretty much impossible to maintain that water management area in the bottom. Here we've got an example of an exposed concrete wall, and also again some rip -rap around the edges that just is not succeeding. This is on the same site. Here we've got plantings that were planted on top of that retaining wall and it actually is giving you a high degree of opacity. A very simple row of shrub material on the top, growing right over the retaining wall. Here we've got an example of an open vault that we've got in the county, where we've again got the exposed concrete retaining wall. And again, more use of rip -rap. The top photo basically shows you when we've got a good relationship between water management and the typical buffers. That's basically a four -to -one gentle slope. When the buffers do become steep and narrow, we wind up often having rip -rap as being the only answer. And again, when we've got those slope situations, they do tend to not succeed in the long run. The committee spent a great deal of time, we talked with a lot of the engineers. The engineers were a main water of putting this amendment together. Obviously from a landscape standpoint, we can only go so far when it comes to the engineering. We really feel like we've come up with a fairly good way of addressing slope situations, according to what the slopes actually are and solutions that allow the designers an amount of flexibility to actually incorporate those, and also allow some of that compacted development to actually get built and succeed over the long run. One hopeful outcome is that we're going to have a little bit more sensitivity to slopes, and also the developer should be able to have more developable land when they treat the slopes in a more correct manner. CHAIRMAN BUDD: Mr. Sawyer, Mr. Schiffer brought up an issue before about the nomenclature. And I'm not as experienced with site work and civil engineering in terms of trusses which are expressed in terms of rise over run, that the vertical precedes the horizontal. And in your nomenclature here, it's the opposite. Is that consistent with normal civil engineering? Is it rise over run also in civil engineering normally done, or is this traditionally the way it's done? Because to me it's backwards, as Mr. Schiffer commented earlier. MR. SAWYER: Correct, that's been pointed out before, and this is the way that it normally is listed in, you know, engineering documents. CHAIRMAN BUDD: So for engineering, civil engineering, this is their tradition, they look at it from the opposite prospective? COMMISSIONER SCHIFFER: Right. Horizontal, then vertical, the ratio. CHAIRMAN BUDD: If that's the way. MR. SAWYER: And we did specify it, you know, so that we do have a little bit better specification in the -- COMMISSIONER SCHIFFER: I wouldn't mind a thumbs up or thumbs down from Stan. Is that correct, Stan, an engineering nomenclature for civil work that -- MR. CHRZANOWSKI: Actually -- Page 34 1611 C 4 August 17, Zoos CHAIRMAN BUDD: Come up to the mic. Either gesture or don't talk. Get up to the mic. MR. CHRZANOWSKI: Yeah, good afternoon, Stan Chrzanowski, engineering review. I've always advised people not to even say four -to -one or one -to -four. Say four horizontal to one vertical. Extended critition (sic) coordinate is the rise over the run, one to four, one over four. But in engineering parlance we always said four -to -one side slopes. And it is confusing, which is why I tell people not to use it. I tell people to put four horizontal to one vertical. And then I always suggest that they draw a little sketch just to make sure. CHAIRMAN BUDD: All right, thank you. Ms. Caron? COMMISSIONER CARON: Which is why I believe that in the table here it specifies the horizontal and the vertical. Because that issue was brought up. I'm not sure whether it was by DSAC or EAC -- MR. SAWYER: EAC -- COMMISSIONER CARON: -- somebody brought it up. MR. SAWYER: -- actually brought it up. COMMISSIONER CARON: And so you've put it in here that way. MR. SAWYER: Correct. COMMISSIONER CARON: And taken care of the issue. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: It would be nice if civil engineers would draw things to scale. They always draw everything not to scale and it's always -- MR. SAWYER: It always gets exaggerated. COMMISSIONER SCHIFFER: We can live with, you know, slight angles. The computer would even do it nicely. Question on the retaining wall. You have a 36 -inch, three foot height. In building codes, if there's a walkway along -- and it looks like in Collier we assume there's always a walkway along these retaining walls -- that it requires a guardrail over 30 inches. Sometimes it's a shame to put these nice landscape things together -- you even had a picture prior to this -- and then have a 42 -inch aluminum anodized aluminum guardrail. So would it be wise to limit that retaining the 30 inches to prevent guardrails? MR. SCHMITT: That's a health safety issue, and I believe that it is maybe an ADA requirement. Russ, do you know? COMMISSIONER SCHIFFER: Well, ADA, if there's a walkway along it, that ADA would be accessing, that's a different situation. This thing here that's sad is you see these -- a lot of the landscape work along the roadways have these horrible anodized aluminum guardrails which distract from all the landscaping and everything anyway. So if we could keep it as -- I mean, is there an importance to get that extra six inches? MR. SAWYER: Again, that came out of our review committee from the engineers feeling that that was pretty much the limit on what they were seeing currently with their development. COMMISSIONER SCHIFFER: Were guardrails discussed? MR. SAWYER: We talked about it. Most of the engineers felt that they could accommodate either with a guardrail or by having some sort of planter or planting area up at the top that would, you know, take and pull whatever walking condition you had away from the edge of the retaining wall itself. CHAIRMAN BUDD: Okay. Does that answer your -- COMMISSIONER SCHIFFER: I would just like to make sure we avoid those guardrails wherever Page 35 1611 C # August 17, 2005 possible. CHAIRMAN BUDD: Okay. Other comments on this section? COMMISSIONER STRAIN: Yes, Page 171. Mike, your number C, water management areas with continuous and vertical walls or open vaults are prohibited. I know what the open vaults are. What is a continuous vertical wall? What are you -- are you referring to how long? MR. SAWYER: What we're talking about there is avoiding that situation, basically where you've got a water management area where you've got a continuous wall going around it. COMMISSIONER STRAIN: What would you -- I mean, if they have to do this for water management, what's the alternative? MR. SAWYER: Well, the alternative is to use some -- either -- there is a possibility if you're doing it for water quantity is that you can -- or quantity, excuse me. You can do vaults, you know, as opposed to doing these types of structures. COMMISSIONER STRAIN: Can do what? I'm sorry. MR. SAWYER: Do vaults. COMMISSIONER STRAIN: Okay. MR. SAWYER: Water storage vaults. Basically you can do that for water quantity, not quality. COMMISSIONER STRAIN: Those are very expensive. MR. SAWYER: They are very expensive. COMMISSIONER SCHIFFER: But they could be parked -- what's missing here, Mark, is the top, the lid. COMMISSIONER STRAIN: Right. COMMISSIONER SCHIFFER: And if you put a lid on it, there could be parking on it. COMMISSIONER STRAIN: Do you think a lid would be -- I mean, I don't see what the advantage would be. COMMISSIONER SCHIFFER: Because it stores water. And then you don't see it. And you could even be politically correct and hold it and sprinkle during drier periods. COMMISSIONER STRAIN: So if someone wanted to avoid having a continuous vertical wall like this picture, how far and how long is the continuous that they would have to avoid? Ten feet, 100 feet, 25 feet? MR. SAWYER: We didn't think about any kind of dimension. If you want to propose a distance on that, we certainly can do it. COMMISSIONER STRAIN: I'm just asking you, I mean, if someone came in with this and said it's not continuous, it goes 50 feet, turns, goes another 50 feet, turns, is that acceptable or is that unacceptable? And whatever the criteria is, I think that ought to be in the code so that's clear when continuous is continuous when it's considered too long. So -- MR. SAWYER: Good point. We can look at that language and clarify it. COMMISSIONER STRAIN: That's all I've got. CHAIRMAN BUDD: Anything else on this section? (No response.) CHAIRMAN BUDD: There are no other questions or comments. MS. FABACHER: Thank you, Mike. CHAIRMAN BUDD: Thank you. MS. FABACHER: All right, we're back to Page 2 of the summary sheet, and we're on definitions again. Page 5 of your packet. We've returned the definitions of four types of restaurants that were omitted during recodification. And this was important because your parking requirements differ, based on the type of restaurant you have. Page 36 1611 C August 17, 2005 So applicants were getting confused and drawing up plans thinking they had one parking requirement to fulfill when in fact they weren't meeting it. CHAIRMAN BUDD: Questions or comments on this one? COMMISSIONER SCHIFFER: I do. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: On the restaurant fast food. MS. FABACHER: Yes. COMMISSIONER SCHIFFER: They're allowed drive -thru lanes, correct? What that make them -- what would happen there? Would that make them one of two creatures or -- MS. MURRAY: They're allowed to have drive -thru on fast food. COMMISSIONER SCHIFFER: Could we -- and then the other thing is we have a menu where they have to pick two of the following characteristics. First of all, I don't think E is a characteristic, is it? Shouldn't E be eliminated from that and just a comment within that definition? And -- MS. MURRAY: I'm sorry, your concern with E was? I didn't quite hear it. COMMISSIONER SCHIFFER: Well, E is in there as one of the menu items that I can choose from that qualifies as fast food. But that's actually a -- MS. MURRAY: Okay, I see what your point is. COMMISSIONER SCHIFFER: That's not really a menu choice. MS. MURRAY: Exactly, okay. COMMISSIONER SCHIFFER: Because we're talking food here. And in the outdoor seating, is there a limit to the outdoor seating? Is that -- I mean, could I have a drive -thru restaurant with 400 outdoor seats? MS. MURRAY: Well, you could, as long as you provided all the parking for that. There is no limit. COMMISSIONER SCHIFFER: So there will be require -- okay, you're right, parking. Okay, thank you. CHAIRMAN BUDD: Mr. Strain? COMMISSIONER STRAIN: Yes. You have a restaurant with a window that you drive up to and place the order, then you drive to the next window and get it. What one of these would that be? MS. MURRAY: That is the drive -thru restaurant. And an example of that, although I'm not sure it would be a true example, because I think they have some outdoor seats, would be like what is that, Checkers, up by Home Depot on Pine Ridge Road? That's the one that comes to my mind. COMMISSIONER STRAIN: The reason I ask is because that definition says it has to be ordered through a speaker phone and a menu board. If they didn't have either one of those, would they be a drive -thru restaurant? MS. MURRAY: And what would they have for that? COMMISSIONER STRAIN: A window. You just drive up and tell the guy I want a hamburger and drive to the next -- I wouldn't eat meat, but still, some people do. MS. MURRAY: I think we can clarify that, yeah. I think that's just an old definition that's been in there when people were using speaker phones. COMMISSIONER SCHIFFER: You typically order through a speaker phone. MS. MURRAY: Typically, yeah. COMMISSIONER STRAIN: Or a cell phone. COMMISSIONER SCHIFFER: That's true. MS. MURRAY: But you could drive up to the window. I see your point. COMMISSIONER STRAIN: If we could clarify that. Page 37 1611 C # au,gust 17, zoos And when you get into the pick and choose so you determine if you're a fast food restaurant, a limited -- A is the limited menu, usually posted on the sign. Is there any concern about what usually means? I mean, what's the extent of usually posted? I'm just going to read these off. If you guys think they need clarification, then you can work with it, but I'll tell you what my concerns are. B is a self - service rather than table service. I've been in restaurants where you get a cafeteria style, you sit down, but then when you leave, the employee comes and takes care of the table. Is that table service, or do you mean someone that waits on the table and actually comes out each time? Under restaurant sit -down, again, the table service keeps coming up. And cafeterias are deemed sit -down restaurants for the purpose of land development code. Well, if they are, it's because they do have table service in the sense someone comes along and cleans the table afterwards, then that kind of dovetails into my concern about the definition of table service in B above. So those are the issues I think that if someone looks at those and feels there's a way to clarify them, it might help. 1 don't eat in restaurants, so in the end I'm not too concerned about it. MS. MURRAY: Okay. CHAIRMAN BUDD: Any other questions or comments on this section? (No response.) CHAIRMAN BUDD: There are none. MS. FABACHER: Okay, the next -- bottom of summary sheet two, Page 7 of your packet, the definition of sporting and recreational camps has been returned to the code. We've recently had requests for this type of facility and discovered that it was not permitted in the code anymore, so we're putting it back in from the old code. CHAIRMAN BUDD: Questions or comments? (No response.) CHAIRMAN BUDD: There are none. MS. FABACHER: Okay, I'm going to Page 3 of the summary sheet. Another definition of waterfront yard. To help staff, provided for clarification, it was omitted from the older code. It's to allow staff to -- and applicants to determine where their setback begins. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I have a question. And it's really -- and it's on the access easement. So if there was an access easement running along the waterfront, that we would actually be measuring from the edge of the easement? Because I mean, the easement's not a property line. Why wouldn't that be allowed to be in the yard? MS. FABACHER: It would depend to me if the easement is across the property. Then you're going to count from the front of the easement. COMMISSIONER STRAIN: And essentially an easement would be something that is within your property line. MS. FABACHER: It could be either way. COMMISSIONER SCHIFFER: Well, it wouldn't matter if it wasn't -- MS. FABACHER: You're right, it wouldn't matter if it wasn't. COMMISSIONER SCHIFFER: So then your properly line -- MS. MURRAY: Actually, we require the setbacks from right -of -way easements, and I think probably what this is trying to do is it's saying access and it should probably be clarified to be consistent. COMMISSIONER SCHIFFER: Like vehicular access. So the maintenance easement I'm thinking of is not what this is saying. MS. MURRAY: Correct. CHAIRMAN BUDD: Other comments? 1611 C 4 August 17, 2005 COMMISSIONER ADELSTEIN: Yes. CHAIRMAN BUDD: Mr. Adelstein? COMMISSIONER ADELSTEIN: We've gone through a few of these. Are there any of them that we actually want to make a vote on now? Are we going to have -- if we're not, then we're going to have a real meeting coming up on the 21 st. CHAIRMAN BUDD: It sounds like with rare exception there are modifications that we'll be voting for final action at our next meeting. COMMISSIONER ADELSTEIN: All of them. CHAIRMAN BUDD: That's the way it's shaping up. COMMISSIONER SCHIFFER: One question, too. Is the sentence, for the purpose of this ordinance -- I'm not really sure what that sentence means. I could read it aloud, but -- COMMISSIONER ADELSTEIN: Where? COMMISSIONER SCHIFFER: For the purpose of this ordinance, the minimum setback for any principal or accessory structure adjacent to the water shall be the same as the setback specified for the side or rear yard, as the case may be in that particular -- does that need to be said or -- MR. WHITE: Commissioner Schiffer, if I may, Mr. Chairman, part of the reason that some of these definitional terms were -- COMMISSIONER SCHIFFER: Yanked. MR. WHITE: -- I guess omitted was because they had those types of internal I guess concerns that blended a mix of something that would be considered purely definitional in nature, and something that would have arguably an operational effect, with the understanding being that the operational piece of those definitions, should be placed in the appropriate portion or portions of the Land Development Code where those regulations existed. And I'm glad that we're asking these questions, because I think they're very important ones to assure that as we move forward we don't go back and uncreate the benefits of what we were trying to create in the recodification. So I don't know how you fix it other than to use that general guideline of keeping the things that are definitional in the definition, and fording through word searches and other of the tools that we now have the places where those operative portions belong. But I appreciate the comment and the insight that you have from your questions. COMMISSIONER SCHIFFER: And I kind of -- and I use the code. Why is it necessary to pull this one back in? Is there an issue that came up, or -- MS. FABACHER: Just the problem of measuring where it starts, where the property line starts. MS. MURRAY: Well, there are regulations that are associated with waterfront yards that are different from non waterfront yards. COMMISSIONER SCHIFFER: And it was confusing? I'll look at that, because those regulations point where things are measured from. When it was yanked from here, it may have been clarified someplace else. But -- MR. WHITE: Well, I mean, if you take a surgical knife to this one, I think you start out by saying well, maybe what you need first is a definition of what a waterfront property is and is not, and then you start talking about what a yard for a required yard may be for a waterfront lot. COMMISSIONER SCHIFFER: Right. MR. WHITE: And then I think you start seeing are there operative provisions for such required yards that exist elsewhere in the LDC, and I think there are tables we've created, et cetera, that these operative provisions more properly ought to be located in, so -- COMMISSIONER STRAIN: Following Pat's suggestion, why don't we just suggest that this Page 39 s 6 it ,20� definition be struck from the word "for" in the third sentence, because the rest of it's operational and should be elsewhere in the Land Development Code. COMMISSIONER SCHIFFER: Right. MS. MURRAY: Could I suggest maybe we take a look at this for next cycle? I'm just hesitant that this is something that's been in for a while and it may have an impact on another part of code and I can't say that -- CHAIRMAN BUDD: If we move too hurriedly, we may have unintended consequences, so let's take a look at it and we'll reconsider it at our next meeting. COMMISSIONER STRAIN: Honestly, any suggestion that we do tonight, I figure somebody brought back for final review. CHAIRMAN BUDD: That's a good point. All right, anything else on this section? (No response.) CHAIRMAN BUDD: Next item, please. MS. FABACHER: Next item would be on Page 3 of the summary sheet, the middle item. It gives the -- the proposed amendment definition is not there. But it's to add the sign definitions back into the code that were omitted. People with the sign department said it's impossible to kind of regulate without these definitions, because people argue over what a V sign means, and if it's not, they say show me in the code where it says that. And so we were asked by sign department to provide them back in. And they have looked at possibly taking a few out. This is the first cut at it. And Assistant County Attorney White has suggested that may be not all of them are needed. But we're working on whittling it down. MR. WHITE: My suggestion was to analyze it, similar to what I recommended in the last instance, which is to use the word search tools that we have to find out where the operative provisions are that these definitions, as building blocks, tie to. And to leave as much in these as may be necessary that defines what that class of sign may be. If we regulate that specific type of sign, then yes, we would need to have some definition of what that type of sign is. But many of these I think tend to blur or go across the line of what is an operational provision. So this is not easy stuff, believe me. And when we try to do it kind of whole cloth, I think that sometimes we may do ourselves a disservice. But I have no objection to us moving forward with, you know, adding in things that exist as part of the operational provisions of the Land Development Code that may need to be defined. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: I mean, and I think what Patrick's said, I mean, we're going to go on with this tonight, there's a lot of little weird things that are happening that really are a part of this code. So has the author gone through the rest of the code to make sure that someplace else that these definitions or these operational things were brought out? MS. FABACHER: I think they're in the process of doing that now, as I mentioned. They're working on whittling it down. That's what I meant, taking out -- COMMISSIONER SCHIFFER: So then let's not waste time joining the whittle. COMMISSIONER ADELSTEIN: Well done. MS. MURRAY: One thing, and Patrick, maybe you could speak to this, because we did, when we adopted or recodified the code, we did also adopt the provision that said that they were non - regulatory changes and whatnot. And I'm concerned that perhaps by the elimination of some of these, it may have August 17, 2005 resulted in a regulatory change or difference in interpretation. And I'm not sure, but, you know, is it a benefit to try to put these back in now and then come back later and try to go back through and whittle them down? You know, I -- again, back to unintended consequences, we're in the middle of the cycle and -- MR. WHITE: I don't know how many issues we may have had arise in the enforcement arena based on that. It's sufficient to me -- if staff is indicating they've had difficulty being able to enforce in particular the sign code provisions, then certainly it makes sense to add those things that may help in that regard. But maybe it was a bad thing to take them out whole cloth, but I think it's a correspondingly equal concern to bring them back in in whole cloth, because I think you can just randomly select these and see that they have some of these concerns about operational versus definitional. As far as the notion of unintended consequences, I think we've been able to work for those that have come to our attention and resolved all of them, to my knowledge. And as a result have never had to use the unresolved conflict provisions. But the notion of unintended consequences, well, certainly we've never intended that we wouldn't be able to enforce in clear and unambiguous terms the Land Development Code, in particular the sign code. So I just simply suggest, as I did before, that we go back and look to make sure that there's an operative provision that every one of these definitions ties to. And that to the extent that there's any aspect of the definition that is more than just a definition, we try to move it in to where we find that operative provision, and all the rest of them we don't bring back into the LDC. There's arguably no reason for it to exist. CHAIRMAN BUDD: And while we're talking about good procedure, I think it would be worth taking it one step farther that while we want to identify those overlaps, we should interject that into the staff deadline, the staff scheduling and require some staff discipline, and that it's a little frustrating to look at some proposals that clearly is not what we're being asked to move forward, then why are we talking about it, because it's still in process? If we were a little bit further along and then we would -- I don't think I'd have this feeling like we're wasting our time talking about this one right now. MS. MURRAY: Well, and that's kind of my concern as well, because the intent was just to bring back what we perceive as being unintentionally omitted, and what I hear you all saying, and Patrick is, well, let's make sure what we're bringing back is not going to cause us problems in the future. So we have a difference of strategy or plan here. And being that we're in the middle of a Land Development Code cycle, it's not fair to you, not fair to us to then have to go do a wholesale review of this and then bring it back and have another lengthy discussion about it. I guess my intent was just to try to say why don't we take a little bit of time and bring it back next cycle and do that type of review next cycle and be able to plan for it. COMMISSIONER SCHIFFER: And I think what Russell said is bring it to us post - whittled. MS. MURRAY: Yes, I understand. CHAIRMAN BUDD: If there is such a phrase, I agree completely. COMMISSIONER STRAIN: Hasn't staff evaluated every one of these proposals in a manner like you described was supposed to have been done with this one? MR. WHITE: Let me take a swing at that one. What you're asking is the very timely question of how in fact collectively and comprehensively the county reviews and revises its own Land Development Code. We've had essentially the same issues and discussions with the DSAC at their last meeting. And I think that the county is poised to consider some more comprehensive and well developed internal procedures that would give us some better gatekeeping types of functions, some better quality control types Page 41 161.1 U 4 August 17, 2005 of functions that in addition will assure when there's a complex set of regulations being reviewed that there's some type of vetting by the stakeholders, I guess is the popular phrase we use. Kind of like Michael Sawyer did with the landscaping provisions, there's a collection of individuals who are the responsible professionals and practitioners, along with some of the staff people, et cetera, who work on these things. Transitioning from Russell Webb, Catherine's taken us some time. But the truth of the matter is is that this is an evolutionary process. And I think what you're hearing tonight, we're hearing from you and you're hearing from us, is we recognize that that's essentially the next step in our own mutual growth. MR. SCHMITT: Let me ask, since we brought this topic up and we're talking philosophically now, we'll digress a bit. To explain the process, for instance, right now staff is supposed to be working on LDC amendments for the next cycle. Those amendments on this cycle were due and completed -- were supposed to be completed by staff and staff review on June 10th. Then they go to the department directors and division directors June 24th, DSAC on July 21st, EAC August 3rd, and then of course the Planning Commission. Frankly, the issue really is we ought to be doing only one cycle a year. And every time that issue is brought up -- you know, we have four cycles this year on the LDC. We have two special cycles and two regular cycles. So we're in the midst of a cycle. We're amending and preparing amendments for inclusion into an LDC cycle and working the completion of an LDC cycle at the same time. And amongst many of the other things that need to be done like review plans and plats and SDP's and petitions and other things. So I guess the frustration at the beginning of the meeting was well, we need this in more time. I've got to tell you, the only way you're going to get it in more time is if I stretch this almost six -month process into a 12 -month process and only do one cycle a year. But when I do that, as everybody says, the LDC is changing too fast, we can't keep up with it. And three- and -a -half minutes later somebody says we need to change the LDC and we need to fix this. So I guess that's the dichotomy here. We can't deal with the changes, but just this one time we need the change, which has created four cycles this year alone. You're dealing with another one tomorrow morning. So I guess from the Planning Commission perspective, what is your recommendation to the Board of County Commissioners? Do you as a board think that this county ought to put the breaks on a bit and slow this process down into a more deliberative process once a year? I send the packets out. The first time I send it, I ask other divisions to comment and return, and I think I got two back. Now I require every division administrator to sign a receipt and return it. And of course you saw what happened tonight. One division administrator signed and then 14, 18 days ago says gee, Pve got to get this one in because it's a problem, and can I get this one in this cycle. So I guess from that standpoint, dealing with reality and dealing with how we process and go through this LDC review process, you should have these things a month ahead of time. And if you want them a month ahead of time, I have to back plan, and what is now a six -month process should be a 12 -month process. CHAIRMAN BUDD: Okay, let's take some time and try to address that. For my own part, I'd rather slow down and do it once, rather than hurry up and do something, even if it's wrong, so that we can hurry up and do something again that may be a little less wrong or more wrong and then we just keep getting into a mindless spiral. So that would be my personal advise. Mr. Adelstein? COMMISSIONER ADELSTEIN: My problem is I spent between 15 to 16 hours going through this, realizing right from the beginning that it wasn't complete. It wasn't accurate in many ways, and yet you wanted us to come to decisions. Page 42 1611 C �. August 17, 2005 And I just don't see how it is -- how it's possible. It was very frustrating to go through it. I don't have the experience that he does and the ability to comprehend what this is actually all about. And every time I was coming through one section, I'd come to a point where I would say this doesn't make sense. But that's the way you sent it to us, so it obviously had to make senses. It's got to be slowed down. It's got to be given to us in a condition that an average person who is not an expert in this area can read it, understand it, and decide whether it's proper or not proper. This didn't do the job. CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: Joe, I think maybe the opposite. I think maybe it should be an agenda item on our bi- monthly meetings and we can deal with these things -- you know, look at a fewer of them at a time. And that way I think your staff isn't, you know, pushing things. That way we can constantly be adjusting it. The only concern might be is making sure the public is involved in that process. CHAIRMAN BUDD: Right. COMMISSIONER SCHIFFER: Because this is an important public involvement. But rather than lump them all together and have to spend the hours, it would be wise if we could be constantly looking at things, looking at smaller things that are finished that are totally tweedled (sic), as we came up with. And, you know, so we can look at them constantly throughout the year, rather than put them into a group like the cycles. CHAIRMAN BUDD: Other thoughts? COMMISSIONER VIGLIOTTI: I totally agree with that. It makes a lot of sense. This way it's an ongoing process, not a hurry up rush and then submit something just to fill up a binder. COMMISSIONER ADELSTEIN: Joe, do you really honestly believe that on the 21 st we'll have something that we really could exercise good judgment with? I mean, in this frustration -- MR. SCHMITT: You have to, or they'll be withdrawn. Because I've got to bring them to the board on October 2nd, to their first reading. COMMISSIONER ADELSTEIN: I understand that. MR. SCHMITT: And I have to have them to the board at least a week and a half, two weeks prior. So it will be -- whatever is not completed will be withdrawn from this cycle. COMMISSIONER SCHIFFER: And some of the sad things, a lot of these things we put in, even some of these emergency fixers, are fixing stuff that we didn't really look carefully enough at. So the danger of this process is that we're -- you know, things are getting by us, and we have to catch up with them and fix them when I think we really should be looking at them constantly. CHAIRMAN BUDD: Mr. White? MR. WHITE: What I think is that not only are the timing issues important to understand, discuss and come to some recommendations about, but also the process itself. Are we in fact managing the amendment of the Land Development Code in the most efficient and expeditious way that we can? And those require resources, obviously. And I probably have staff so, you know, tired of hearing me say that, you know, it's all about the words. I mean, it's the black stuff on the page that every day we find ourselves struggling with. And so the quest is to purify that as much as possible to make it as simple and easy to use. We tried doing that and have done that I believe with the structure. And we've talked and recognize we need to do that now with kind of the major muscle groups of the LDC. But that begs the question of whether in fact we are using the best process to get there. Other jurisdictions have a committee whose sole reason to exist is simply to do Land Development Code amendments as part of their job function. You've had that added to yours, as had the EAC, as had the Page 43 1611 August 17, 2005 DSAC, et cetera, et cetera, and yet no one seems to have solely as their charge as an advisory body the care and feeding of the Land Development Code. That's not to say that there isn't an integral function, an important role that remains for each of the other advisory bodies. Their piece is the operational impact, the same way that the staff kind of feeds in its stuff. But I think the time's come, if we're going to have this kind of philosophical and more broad -based discussion to think about those kinds of process changes as well. So I just offer it for your consideration. CHAIRMAN BUDD: Other thoughts, comments, by Planning Commissioners? (No response.) CHAIRMAN BUDD: There being none, have we exhausted this item with the signs? COMMISSIONER SCHIFFER: Well, we didn't get into it. But the point is, what you're saying is don't look at it too closely now, which we already have. Wait until you come back with it? CHAIRMAN BUDD: And we'll see it again by the 21 st. And as Mr. Schmitt pointed out, we'll either be satisfied with it and recommend approval, or we'll pull it because it's still a work in process. COMMISSIONER SCHIFFER: And Catherine, if you're going to have a committee meet, feel free to invite me, because I wouldn't mind -- MS. FABACHER: We'd very much like to get a committee -- COMMISSIONER SCHIFFER: -- I don't want to feel like I wasted my time coming up with all the marks I did. MS. FABACHER: -- to meet within to vet these things, as everyone's mentioned. But, you know, almost everybody who has to write them has to do it in addition to what their regular work is. There's nobody except possibly me, who's new, to even work on this. And then having to send it out to all these departments and look for -- it's just -- and it's such a volume that I think you're right, it's breaking the camel's back for everybody. So anything you can do to help us, it's a better system, with some limits. CHAIRMAN BUDD: All right, what's our next item? MS. FABACHER: Okay, we're back to the summary sheet on Page 3. And we are doing the Conservation Collier lands. That would be on Page 18 in your packet. And also, I want to say that you got handed out an addendum to your packet. There is -- there are some significant changes to the next to that. And it's keyed to the same page number. 11 -- I'm sorry, 18, 18. It's keyed as 18 -A in your new packet. COMMISSIONER CARON: But if there are significant changes, then we really should just put it off and not bother with it right now. MS. FABACHER: I'm sorry, I shouldn't have said significant. I'll try and explain. Because of what Patrick has been saying about taking the operational provisions out of the definition, we remove the operational provisions from the definition. It's not really significant, if you look at the two definitions. The second change was we put a whole phrase of uses -- let's see. We put a whole provision under -- I'm on Page 22 of your packet. And I'm looking at G. l.c. And when we were initially working on this -- and as I said, it's kind of been a work in progress through the cycle, which we're all admitting now is not a good way to do things. But if you look on Page 21 at G.1.f, you'll see that they had struck through directional drilling for oil and gas extraction under the provisions of this section. This is a conditional use in every zoning district, excluding the RFMU, the fringe area, the con. district, the natural resource protection areas and the rural land stewardship areas. But then if you read under 2, G.2, it says that essential services identified as allowed conditional uses in Section 2.01.03.G.1 above, so we then realize that we didn't need to repeat everything. All we need to put there then was the directional drilling as a conditional use, because the others had been covered over here. And that's the change. It's not significant, it's just the wordsmithing. � - - 'A 1611 C August 17, 2005 CHAIRMAN BUDD: Comments on that item? COMMISSIONER STRAIN: I won't have any till next hearing, because I won't be able to read the addendum that was handed out at this meeting. CHAIRMAN BUDD: Other comments? COMMISSIONER CARON: I'll wait until -- CHAIRMAN BUDD: Mr. Schiffer? COMMISSIONER SCHIFFER: What is the land which provides the directional drilling? What does that mean? MS. FABACHER: Land which -- I'm sorry? COMMISSIONER SCHIFFER: What is the land which provides directional drilling? Which is your C on Page 22 -A. MS. FABACHER: I'm sorry, yes, 22 -A. And it's C. It's G.2.c, actually. And it's a conditional use. Directional drilling for oil and gas. Extraction under the provisions of Section 2.03.05. COMMISSIONER SCHIFFER: But what does that mean land which provide for directional drilling? I'm not sure exactly what that means. I guess if I read those sections, I'll probably understand that. I'll read -- MR. WHITE: I think it's susceptible to two applications: One that would be a place from which you could directionally drill that were otherwise Conservation Collier land. And it might be possible to apply it in a way where that's indicative of the fact that it's the conditional use, if approved, then it's lands which would perform that function. It's more likely the former, the idea that.it is lands from which you can do directional drilling. COMMISSIONER SCHIFFER: What that's saying, like these other lands in one are kind of less sensitive than ones in number two. So you're saying one we're not allowed to have oil and gas and two we are? MS. FABACHER: As a conditional use. COMMISSIONER SCHIFFER: Okay, I just -- MS. FABACHER: Right, but the first lands in G -1 are more sensitive, so we're not allowing it as a conditional -- no, it's not that way. COMMISSIONER SCHIFFER: Rural lands are less sensitive. MR. WHITE: I'm going to plead the Fifth in the sense of saying that at this point we've harmonized the provisions as close as they can be. And I think like Commissioner Strain's indicated, we're going to have a conversation with the folks who are -- these issues about directional drilling are most important to make sure that we've accurately and adequately achieved the goal here. I think we're probably about 85 percent, but we can tighten it up. COMMISSIONER SCHIFFER: Did we -- CHAIRMAN BUDD: Good. Look forward to seeing that one again. Before we go on to another item, we've got 15 minutes before our announced departure. And based upon my previous experience, I think it will take us at least 15 minutes to set the next time that we will meet to continue this meeting. Mr. Schmitt, do you have times that staff and the room would be available that we could start trying to find something mutually convenient so that Planning Commission can reconvene and pick up where we left off tonight? MR. SCHMITT: No, I'm unable to ensure that the time was available because the County Commissioners' office was closed while we're discussing this. So unable to confirm, but I would propose that we look at the September 21 st date and announce a time we meet earlier on the 21 st. MS. MURRAY: Could we possibly meet in CDES in the large room, just as a safety precaution, if Page 45 . 4 E August 17, 2005 that room is available earlier? MR. SCHMITT: We certainly could. If this room is not available, we would meet out in the Room 609, 610. CHAIRMAN BUDD: Okay, before we go further on that, Mr. White, you were very particular about the manner in which we made our motion. Did our motion not require us to have a first and second hearing? MR. WHITE: I do not believe it required you to have two hearings. I believe the intent was to recognize that you'd have multiple meetings. And as such, if you desire to continue this meeting to another date and time certain, date, time and place certain, you may do so. And if the best we can do with it is to try to hopscotch it through tomorrow and continue it until then and then continue it again after then, it is probably legally permissible to do so. But I would strongly encourage that we attempt to provide some type of more official notice consistent with what we usually do for a regular LDC amendment meeting for the CCPC, which I think is either a 10 or 15 -day ad. I can't remember. CHAIRMAN BUDD: Mr. Adelstein? COMMISSIONER ADELSTEIN: In this particular situation, the only thing we are going to be discussing will be the time and place. Therefore, that will give plenty of time for notice. We're not going to be discussing any of the issues, so we don't have to worry about the public. I don't think we have any problem as far as tomorrow deciding what hour, what time and what place and then publishing it later. MR. SCHMITT: We have this room at 5:00 on the 21st. September 21st. That has been advertised and scheduled for the meeting to be on the 21 st. A proposal was, as mentioned earlier tonight, was to move that time to an earlier start time. But of course that would be based on availability of this room. I honestly -- CHAIRMAN BUDD: With that in mind, why don't we continue this meeting tonight until tomorrow. COMMISSIONER ADELSTEIN: Tomorrow. CHAIRMAN BUDD: The Board of County Commissioners' office will be open, we can verify the availability of the room, and then from that point continue again to a time certain. COMMISSIONER ADELSTEIN: I so move. MR. WHITE: Another date and time certain. CHAIRMAN BUDD: Another date and time. MR. WHITE: And my point being that at that juncture, I would hope that there would be adequate amount of time to be able to put some type of more formal published notice out to the community. CHAIRMAN BUDD: With that in mind, I have a motion by Mr. Adelstein. Do we -- COMMISSIONER VIGLIOTTI: Second. CHAIRMAN BUDD: A second by Mr. Vigliotti. Discussion? MR. SCHMITT: I have discussion. Just to make sure you understand, tomorrow we have LDC amendments, but it's a different cycle, it's a special cycle, not to be confused with these LDC amendments. Three you're going to be dealing with tomorrow. CHAIRMAN BUDD: Okay, understood. All right, motion and second. Any further discussion? MR. WHITE: Just for the purposes of the record, to indicate that this meeting is being continued until tomorrow at -- as part of the 8:30 a.m. agenda in the east chambers for purposes of further consideration of LDC amendments in Cycle 2. CHAIRMAN BUDD: That's correct. All those in favor of the motion, signify by saying aye. 0=_ 1611 C 4 August 17, 2005 COMMISSIONER STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN BUDD: Aye. COMMISSIONER SCHIFFER: Aye. CHAIRMAN BUDD: Those opposed? (No response.) CHAIRMAN BUDD: We are continued till tomorrow. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:50 p.m. COLLIER COUNTY PLANNING COMMISSION RUSSELL A. BUDD, Chairman Page 47 1611 ColeMaryAnn From: Robert_Rohland @uss.salvationarmy.org age I of 1 5 Sent: Friday, October 07, 2005 10:19 AM To: ColeMaryAnn �'ryy I c1 ✓ iY "vJ Subject: Re: Minutes & Next Meeting Info L Hi Mary Ann, Thanks for the Minutes. Just a note of clarification. I was not personally deployed to Hurricane Katrina. The Salvation Army's mobile feeding unit (Canteen) was deployed, along with one employee and one volunteer. Thanks for making this correction, and for all you do to help the Citizen's Corps. Bob Robert Rohland, Administrator The Salvation Army Fiala 3180 Estey Avenue Halas P.O. Box 8209 Henning_ i✓ Naples, FL 34101 -8209 Coyle Coletta Telephone: (239) 775 -9447 Fax: (239) 775 -9732 Visit us on -line at: www.SalvationArmyNaples.org This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the originator of the message. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of The Salvation Army. uss Misc. Corms: Date: I 5 o 5 Item #: %!o Z1 e's 10/7/2005 Copies to: 1611 C 5 COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE September 21, 2005 Voting Members Present: Walter Jaskiewicz, Coast Guard Auxiliary, Chair Lt. Nancy Reed, Collier County Sheriff's Office, for Chief Scott Salley Reg Buxton, Greater Naples Chamber of Commerce Deborah Horvath, American Red Cross James Elson, Collier County Veterans Council Nelda Miller, Community Emergency Response Volunteers Sharon Downey, RSVP, for Gerry Sugarman Doug Porter, Civil Air Patrol (pending appointment as CAP representative) Robert Rohland, Salvation Army Jerry Sanford, Collier County Fire Chiefs Assoc. Russell Rainey, Community Emergency Response Team (pending appointment as CERT representative) Voting Members Absent: None Non - Voting Member Freedom Memorial Task Force City of Naples Fire District Organizations Present: Emergency Management Health Department East Naples Fire Department NCH Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion made to accept the minutes by Robert Rohland, and seconded by Reg Buxton. Approved unanimously. Threat Update • Lt. Reed reported no recent threat update. There is concern with law enforcement following the disaster in Louisiana and the involvement of their families. Collier County has a good emergency plan, in that they plan for the families as well so that officers can take care of the community, without worrying about their families. There is a shelter for the Sheriff's Office families, as well as groups available to work with the families after a disaster, if necessary. Florida is ahead of most states with their disaster plans, and Collier County's plan has been in place for years. Also, this should be one of the focuses of the October workshop. New Business Walt shared a Power Point presentation in order to arrive at suggestions to present at the October workshop. He looked at past hurricane articles to see what is out there and arrived at what are myths and what is reality with the public. His opinion is that people think that everyone is out 1611 C 5 Collier County Citizens Corps Advisory Committee Page 2 September 21, 2005 there to help them the minute something happens. The message we need to get out to folks, through the speakers group, is that they must have the ability and take responsibility for themselves and their families to be prepared for at least two or three days, until help arrives. There was an article in today's paper that says, "Hurricanes form closer to the coast this year ", so there is less time to prepare. It is even more important to get this message out to people. Power Point Presentation and Remarks • Identify Disaster Myths vs. Reality - People will panic (YES) - Warnings taken seriously (NO) Evidently not, or we would not have the fatalities that we have seen. This is a very important issue in the area of Collier County, as it seems that the more hurricanes pass us by and don't do any destructive damage, people feel that they are in such a remote location and nothing will happen to them. Walt gets this impression in the Marco area. - First Responders will handle everything (NO) - Volunteers are coordinated That's our job, we're trying to get that to happen. We have a good start on it with the CERT teams. - Media news is accurate (NO) People rely on that news and it needs to be taken sometimes with a grain of salt. - Supplies are low (YES) - Communication systems work great (NO) Beliefs & Experiences - Your survival is under control of the Government. - You have plenty of time to leave. This is what happened in Louisiana, in that people think that they have plenty of time to leave. A couple videotaped and described the water coming into their home within a 5- 10 minute period. They then got into their attic and eventually had to chop a hole through the roof in order to get out. (This should be on TV tonight.) - Your house is sound, solid construction. Walt saw during Katrina a bank that was destroyed. The police officers had gone in there for protection, and the only thing that was left was the vault. The whole brick building came down. - You have a shelter to go to. We don't have shelters in this area for everybody. - You have good communication for news. Walt said the news people don't bother with Marco, unless there is nothing happening elsewhere. - You must stay to protect your home from crime. A lot of people believe this. The local law enforcement should assure the people that there is a plan in effect, that they don't have to worry about this. Per Lt. Reed, Collier County takes this into consideration. Education is very important. People worry about 1611 C Collier County Citizens Corps Advisory Committee Page 3 September 21, 2005 their houses being looted, that they can't back into their home, etc. It's not a matter of people getting injured, it's a life and death situation and not about possessions. You need to have a plan to keep yourself safe. Rick Zyvoloski said that any Florida disaster he has been on, security was always one of the number one issues right after the storm and it is standard procedures in coastal areas for them to get the Marine Patrol out. People need to be confident. There are still chances of looters getting in there, but this is very remote. Doug Porter brought up the resistance of the lower- income people leaving their homes because that is their whole livelihood right there. Lt. Reed said the lack of faith in the Government is higher, with "every man for himself' mentality. The lower the income, the more possessive they are of what little they have. The next level of looters, where you're taking televisions and refrigerators, is just thievery. Walt asked what areas of Collier County this looting concern would have to be addressed. Lt. Reed believes it's everywhere, starting with the grocery stores. California is going to start an educational program, including advertising, in order to get people out of an area when there is an earthquake. If everyone had gotten on a bus in New Orleans, with even one gallon of water and food to last a couple days, they would have had fewer problems. Rick brought up an area of concern not addressed and that is when there are freezes in Immokalee. The Immokalee Friendship House was opened, and extra blankets were delivered. The blankets were given out to the homeless, but they wouldn't come in out of the cold because they didn't want to leave their "stuff' or lose their "space ". The same is true during hurricanes and tornado watches. This needs to be addressed, especially with the people who have mental health issues and are not as responsible. Per Lt. Reed, you get shelter specific. Where do you start with being shelter specific? This is something to discuss during a workshop. You cannot leave your pets. Per Russ Rainey, people in Galveston are being evaluated with their pets. A lot of people will not leave without their pets, especially the elderly population. Per Jim von Rinteln, a program is in place for the Special Needs folks and those who are in a mandatory evacuation zone to house their pets with Domestic Animal Services. The County doesn't advertise it because they would have 10,000 people bringing their pets and it's really available to get the people out of the manufactured home that refuse to leave, to give them an option. We try to use it as a triage for people who refuse to leave because we can't shelter, as Domestic Animal Services is a very small area. This is an issue and the reason we haven't been able to solve it, is because Collier County Government doesn't own any buildings in safe areas that they control and can turn into a pet shelter. Lee County has the Civic Center. The schools, Red Cross and the Health Department are not going to let us put pets in the schools. Per Lt. Reed, there is a communication gap because the fire department, EMS and law enforcement don't know what to do. If there were a quick mandatory evacuation, we would have to know about pet sheltering. Jim reiterated that people need to be planning for this, which means finding a hotel somewhere that takes pets. We actually have a space deficit for people, let alone for pets. There have been instances where the pets are not taken outside in time, which does damage to property; and Rick mentioned people dropping off their pets and leaving town, without having to pay kennel charges. It is a big issue for which we have no solution. Lt. Reed mentioned starting a program in Collier County where different houses, animal Collier County Citizens Corps Advisory Committee September 21, 2005 1611 C 1W Page 4 lovers, will take your pet for you. She knows of one person who had 16 animals from other counties during one of the hurricanes. The directive has to come from someone in the community, not the County Government. The animal lovers need to help us solve this. Rick suggested that perhaps the Humane Society take this task; according to Jim, they have been resistant to get involved. There is a need to educate people to be responsible for their pets. Jim believes it will be in front of the Commissioners at some point. The networks at the different organizational levels will be most helpful, with animal hospitals and individuals taking in pets. Rick feels that people would be more prone to abuse government with having this service than they would with the public helping out. The Emergency Management website lists those hotels that will take pets. - You are too sick to leave. We do have a Special Needs program, as well as the File of Life. - You say hurricanes always miss you. So far! Lt. Reed said this is what happened in New Orleans. - Your life is in God's hands! Whatever happens is going to happen. It should be "God helps those who help themselves ". • America Is Vulnerable - Dr. Redkiner, Medical Unit New Orleans Operations, is the Director of The National Disaster Preparedness at Columbia University. He made the following comments: "Our country is not prepared for a catastrophic event ", which certainly holds true; "Our ability to imagine and plan is woefully inadequate ", which is what happened in New Orleans; "We could not imaging an attack like 9/11 ", which certainly took us all by surprise and woke us all up; "We could not imagine New Orleans underwater ", which we could not imagine, although we knew it was below sea level. • How Can We Help? Suggestions... - We can address some of the comments made here today at the upcoming workshop. • Let's Get the Message Out - By preparing for one disaster, it prepares us for all the disasters, at least to a certain extent. - The five most important survival needs: Water Power Food Medical Communications - Spending to prepare now for disasters may be far cheaper than later on in the long run. In addition to the water and food, Walt discussed the Arc Bark survival kits that run about $15.00 each. They contain 5 books in a sealed unit, with packages of water for one person for 3 days, as well as nourishment bars, survival blanket, matches and a medical 1611 C 5 Collier County Citizens Corps Advisory Committee Page 5 September 21, 2005 kit. The Coast Guard uses these, and the Big Lot store had some for $9.50. They are very handy to throw in the back of your car and have a shelf life of 5 years. • People May Be Ready to Listen - Let's adopt a message for our Speakers Bureau to use. Victor Hill will help to get the word out with the Speakers Bureau. The first speaking engagement is next month to a large boating club — Walt and Victor will be speaking. Old Business • Updates from Members - Jerry Ladou was introduced — his design was chosen for the Freedom Memorial. This will be located where the parking lot was. The Freedom Memorial Task Force is trying to raise $1.8 million. They did get some exposure at the Chamber of Commerce breakfast. There will be a fundraiser meeting in the County Manager's conference room today at 4 p.m. Per Mr. Ladou, the design is hurricane resistant. The flag is made of pink granite, with gray for the base. He would like the stepping- stones to be rocks from each state, with a bronze seal of the state in each stone. Bricks will be sold for the walking path in order to raise money. Walt presented Mr. Ladou with a Citizen Corps hat. American Red Cross and the Salvation Army have been busy with post - hurricane work.. Bob Rohland reported that the Salvation Army's mobile feeding unit was deployed, along with one employee and one volunteer, for 10 days. Per Deborah Horvath, there are over 140 families (600 people) here in Collier County, living with friends and family. The Red Cross is putting people up in hotels for two weeks, with a two -week extension if necessary. There are 40 children in the schools. Doctors and drug stores are using their resources to help, along with all kinds of offerings coming in. $700,000 was raised from Collier County, with $150,000 going to these local families. 25 million meals were served in Louisiana, Mississippi and Alabama, 140,000 were in shelters, along with 55,000 volunteers. 250 people were trained for relief workers, who made commitments of 3 -week deployments. Jim commented that we will reap the benefits of the training and experiences of these volunteers. Walt taught the ICS course to 300 pilots in Mobile, and this training was realized during deployment for Katrina. Three helicopters flew rescue missions off -task, as they believed helping out was more important. Walt also reported that the Coast Guard people lost everything (gear, etc.). They were adopted by other C.G. stations, as well as Manatee School, who took up collections in the amount of $2,000. These are children of migrant workers, so this was a lot of money. Walt has the press release from the C.G., but didn't bring it. Civil Air Patrol was also there, pitching in. Jim brought up the fact that Walt was named Outstanding Advisory Committee Member for September. Congratulations to Walt! Jerry Sanford said there are 26 students graduating from CERT at North Naples on Monday night. The next class will be in October. Marco has a CERT class starting up soon as well. Over 500 people have been trained, with 250 -300 people in active status. 1611 C5 Collier County Citizens Corps Advisory Committee Page 6 September 21, 2005 Per Judy Nuland, the Health Department put together a resource book that was put out last week. This is a rotating document, with various organizations listing what is available, including volunteer organizations, attorneys with reduced fees, etc. All of them have been given out, so more copies are being run off. She will have it put on a disk for internal distribution. If anyone is being deployed for Hurricane Katrina work and requires any vaccinations, please contact her at the Health Department and she will fit you in. Rick showed the tracking of Hurricane Katrina in Louisiana, using a tool that Emergency Management offices have available. He feels that FEMA is getting a bum rap for their actions. Walt said this information could be used for our workshop. Doug brought up that the Mayor of Houston is asking for voluntary evacuation of the City, due to Hurricane Rita. Jim gave an update on the Emergency Services Complex. There are still a few things to iron out, but approval has been given to build at the Lely site. We are looking at February or March 2006 timeframe. It will be the originally requested size and design and will be located between Edison Community College and Lely Elementary School. We will share the site with the new East Naples Library. Please help us to reach out to the community that we are good neighbors. The Planning Committee will need to be briefed before we get approval on construction. Next Meetin /y Adjourn The next meeting will be in workshop format from 2:00 to 4:00 p.m. on Wednesday, October 19, 2005. Mary Ann will see if the County Museum is available. If not, Deborah offered the Red Cross building. Motion to adjourn meeting at 4:10 p.m. by Nelda Miller and seconded by Deborah Horvath. Approved unanimously. Minutes submitted by Mary Ann Cole. NOTE: The County Museum is not available for the next meeting — we will plan to meet at the American Red Cross, located at 2610 Northbrooke Plaza Drive in Naples (at I -75 and Immokalee Road). Voting Members Present P1,7-, E I V E 3oard of Coun;iy Commissioners Voting Members Absent: Non - Voting Member Organizations Present: x.611 COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE .;,A; September 21, 2005 wato < F C: >un ; Walter Jaskiewicz, Coast Guard Auxiliary, Chair Lt. Nancy Reed, Collier County Sheriff's Office, for Chief Scott Salley Reg Buxton, Greater Naples Chamber of Commerce Deborah Horvath, American Red Cross James Elson, Collier County Veterans Council Nelda Miller, Community Emergency Response Volunteers Sharon Downey, RSVP, for Gerry Sugarman Doug Porter, Civil Air Patrol (pending appointment as CAP representative) Robert Rohland, Salvation Army Jerry Sanford, Collier County Fire Chiefs Assoc. Russell Rainey, Community Emergency Response Team (pending appointment as CERT representative) None Freedom Memorial Task Force Emergency Management East Naples Fire Department Meeting called to order at 3:00 p.m. Pledge of Allegiance recited and roll call taken. Approval of Minutes City of Naples Fire District Health Department NCH Fiala Halas Henning_ Coyle Coletta - ---- -- Motion made to accept the minutes by Robert Rohland, and seconded by Reg Buxton. Approved unanimously. Threat Update Lt. Reed reported no recent threat update. There is concern with law enforcement following the disaster in Louisiana and the involvement of their families. Collier County has a good emergency plan, in that they plan for the families as well so that officers can take care of the community, without worrying about their families. There is a shelter for the Sheriff's Office families, as well as groups available to work with the families after a disaster, if necessary. Florida is ahead of most states with their disaster plans, and Collier County's plan has been in place for years. Also, this should be one of the focuses of the October workshop. New Business Misc. Corms: Walt shared a Power Point presentation in order to arrive at sugges te ^October workshop. He looked at past hurricane articles to see what is out tlwred vd�a i�w tare myths and what is reality with the public. His opinion is that peop i �is out Copies to: C 1611 C 5 Collier County Citizens Corps Advisory Committee Page 2 September 21, 2005 there to help them the minute something happens. The message we need to get out to folks, through the speakers group, is that they must have the ability and take responsibility for themselves and their families to be prepared for at least two or three days, until help arrives. There was an article in today's paper that says, "Hurricanes form closer to the coast this year ", so there is less time to prepare. It is even more important to get this message out to people. Power Point Presentation and Remarks Identify Disaster Myths vs. Reality - People will panic (YES) - Warnings taken seriously (NO) Evidently not, or we would not have the fatalities that we have seen. This is a very important issue in the area of Collier County, as it seems that the more hurricanes pass us by and don't do any destructive damage, people feel that they are in such a remote location and nothing will happen to them. Walt gets this impression in the Marco area. - First Responders will handle everything (NO) - Volunteers are coordinated That's our job, we're trying to get that to happen. We have a good start on it with the CERT teams. - Media news is accurate (NO) People rely on that news and it needs to be taken sometimes with a grain of salt. - SupplieWare low (YES) - Communication systems work great (NO) Beliefs & Experiences - Your survival is under control of the Government. - You have plenty of time to leave. This is what happened in Louisiana, in that people think that they have plenty of time to leave. A couple videotaped and described the water coming into their home within a 5- 10 minute period. They then got into their attic and eventually had to chop a hole through the roof in order to get out. (This should be on TV tonight.) - Your house is sound, solid construction. Walt saw during Katrina a bank that was destroyed. The police officers had gone in there for protection, and the only thing that was left was the vault. The whole brick building came down. - You have a shelter to go to. We don't have shelters in this area for everybody. - You have good communication for news. Walt said the news people don't bother with Marco, unless there is nothing happening elsewhere. - You must stay, to protect your home from crime. A lot of pe6pl� believe this. The local law enforcement should assure the people that there is a plan in effect, that they don't have to worry about this. Per Lt. Reed, Collier County takes this into consideration. Education is very important. People worry about Collier County Citizens Corps Advisory Committee September 21, 2005 1611 C 5 Page 3 their houses being looted, that they can't back into their home, etc. It's not a matter of people getting injured, it's a life and death situation and not about possessions. You need to have a plan to keep yourself safe. Rick Zyvoloski said that any Florida disaster he has been on, security was always one of the number one issues right after the storm and it is standard procedures in coastal areas for them to get the Marine Patrol out. People need to be confident. There are still chances of looters getting in there, but this is very remote. Doug Porter brought up the resistance of the lower- income people leaving their homes because that is their whole livelihood right there. Lt. Reed said the lack of faith in the Government is higher, with "every man for himself' mentality. The lower the income, the more possessive they are of what little they have. The next level of looters, where you're taking televisions and refrigerators, is just thievery. Walt asked what areas of Collier County this looting concern would have to be addressed. Lt. Reed believes it's everywhere, starting with the grocery stores. California is going to start an educational program, including advertising, in order to get people out of an area when there is an earthquake. If everyone had gotten on a bus in New Orleans, with even one gallon of water and food to last a couple days, they would have had fewer problems. Rick brought up an area of concern not addressed and that is when there are freezes in Immokalee. The Immokalee Friendship House was opened, and extra blankets were delivered. The blankets were given out to the homeless, but they wouldn't come in out of the cold because they didn't want to leave their "stuff ' or lose their "space ". The same is true during hurricanes and tornado watches. This needs to be addressed, especially with the people who have mental health issues and are not as responsible. Per Lt. Reed, you get shelter specific. Where do you start with being shelter specific? This is something to discuss during a workshop. You cannot leave your pets. Per Russ Rainey, people in Galveston are being evaluated with their pets. A lot of people will not leave without their pets, especially the elderly population. Per Jim von Rinteln, a program is in place for the Special Needs folks and those who are in a mandatory evacuation zone to house their pets with Domestic Animal Services. The County doesn't advertise it because they would have 10,000 people bringing their pets and it's really available to get the people out of the manufactured home that refuse to leave, to give them an option. We try to use it as a triage for people who refuse to leave because we can't shelter, as Domestic Animal Services is a very small area. This is an issue and the reason we haven't been able to solve it, is because Collier County Government doesn't own any buildings in safe areas that they control and can turn into a pet shelter. Lee County has the Civic Center. The schools, Red Cross and the Health Department are not going to let us put pets in the schools. Per Lt. Reed, there is a communication gap because the fire department, EMS and law enforcement don't know what to do. If there were a quick mandatory evacuation, we would have to know about pet sheltering. Jim reiterated that people need to be planning for this, which means finding a hotel somewhere that takes pets. We actually have a space deficit for people, let alone for pets. There have been instances where the pets are not taken outside in time, which does damage to property; and Rick mentioned people dropping off their pets and leaving town, without having to pay kennel charges. It is a big issue for which we have no solution. Lt. Reed mentioned starting a program in Collier County where different houses, animal Collier County Citizens Corps Advisory Committee September 21, 2005 1611 C 5 Page 4 lovers, will take your pet for you. She knows of one person who had 16 animals from other counties during one of the hurricanes. The directive has to come from someone in the community, not the County Government. The animal lovers need to help us solve this. Rick suggested that perhaps the Humane Society take this task; according to Jim, they have been resistant to get involved. There is a need to educate people to be responsible for their pets. Jim believes it will be in front of the Commissioners at some point. The networks at the different organizational levels will be most helpful, with animal hospitals and individuals taking in pets. Rick feels that people would be more prone to abuse government with having this service than they would with the public helping out. The Emergency Management website lists those hotels that will take pets. You are too sick to leave. We do have a Special Needs program, as well as the File of Life. You say hurricanes always miss you. So far! Lt. Reed said this is what happened in New Orleans. Your life is in God's hands! Whatever happens is going to happen. It should be "God helps those who help themselves ". America Is Vulnerable Dr. Redkiner, Medical Unit New Orleans Operations, is the Director of The National Disaster Preparedness at Columbia University. He made the following comments: "Our country is not prepared for a catastrophic event ", which certainly holds true; "Our ability to imagine and plan is woefully inadequate ", which is what happened in New Orleans; "We could not imaging an attack like 9/11 ", which certainly took us all by surprise and woke us all up; "We could not imagine New Orleans underwater ", which we could not imagine, although we knew it was below sea level. How Can We Help? Suggestions... - We can address some of the continents made here today at the upcoming workshop. Let's Get the Message Out - By preparing for one disaster, it prepares us for all the disasters, at least to a certain extent. - The five most important survival needs: Water Power Food Medical Communications Spending to prepare now for disasters may be far cheaper than later on in the long run. In addition to the water and food, Walt discussed the Arc Bark survival kits that run about $15.00 each. They contain 5 books in a sealed unit, with packages of water for one person for 3 days, as well as nourishment bars, survival blanket, matches and a medical Collier County Citizens Corps Advisory Committee September 21, 2005 1611040,c 5 Page 5 kit. The Coast Guard uses these, and the Big Lot store had some for $9.50. They are very handy to throw in the back of your car and have a shelf life of 5 years. • People May Be Ready to Listen - Let's adopt a message for our Speakers Bureau to use. Victor Hill will help to get the word out with the Speakers Bureau. The first speaking engagement is next month to a large boating club — Walt and Victor will be speaking. Old Business • Updates from Members Jerry Ladou was introduced — his design was chosen for the Freedom Memorial. This will be located where the parking lot was. The Freedom Memorial Task Force is trying to raise $1.8 million. They did get some exposure at the Chamber of Commerce breakfast. There will be a fundraiser meeting in the County Manager's conference room today at 4 p.m. Per Mr. Ladou, the design is hurricane resistant. The flag is made of pink granite, with gray for the base. He would like the stepping- stones to be rocks from each state, with a bronze seal of the state in each stone. Bricks will be sold for the walking path in order to raise money. Walt presented Mr. Ladou with a Citizen Corps hat. American Red Cross and the Salvation Army have been busy with post - hurricane work. Bob Rohland was deployed for 10 days. Per Deborah Horvath, there are over 140 families (600 people) here in Collier County, living with friends and family. The Red Cross is putting people up in hotels for two weeks, with a two -week extension if necessary. There are 40 children in the schools. Doctors and drug stores are using their resources to help, along with all kinds of offerings coming in. $700,000 was raised from Collier County, with $150,000 going to these local families. 25 million meals were served in Louisiana, Mississippi and Alabama, 140,000 were in shelters, along with 55,000 volunteers. 250 people were trained for relief workers, who made commitments of 3 -week deployments. Jim commented that we will reap the benefits of the training and experiences of these volunteers. Walt taught the ICS course to 300 pilots in Mobile, and this training was realized during deployment for Katrina. Three helicopters flew rescue missions off -task, as they believed helping out was more important. Walt also reported that the Coast Guard people lost everything (gear, etc.). They were adopted by other C.G. stations, as well as Manatee School, who took up collections in the amount of $2,000. These are children of migrant workers, so this was a lot of money. Walt has the press release from the C.G., but didn't bring it. Civil Air Patrol was also there, pitching in. Jim brought up the fact that Walt was named Outstanding Advisory Committee Member for September. Congratulations to Walt! Jerry Sanford said there are 26 students graduating from CERT at North Naples on Monday night. The next class will be in October. Marco has a CERT class starting up soon as well. Over 500 people have been trained, with 250 -300 people in active status. Per Judy Nuland, the Health Department put together a resource book that was put out last week. This is a rotating document, with various organizations listing what is available, including volunteer organizations, attorneys with reduced fees, etc. All of X611 C Collier County Citizens Corps Advisory Committee Page 6 September 21, 2005 them have been given out, so more copies are being run off. She will have it put on a disk for internal distribution. If anyone is being deployed for Hurricane Katrina work and requires any vaccinations, please contact her at the Health Department and she will fit you in. Rick showed the tracking of Hurricane Katrina in Louisiana, using a tool that Emergency Management offices have available. He feels that FEMA is getting a bum rap for their actions. Walt said this information could be used for our workshop. Doug brought up that the Mayor of Houston is asking for voluntary evacuation of the City, due to Hurricane Rita. Jim gave an update on the Emergency Services Complex. There are still a few things to iron out, but approval has been given to build at the Lely site. We are looking at February or March 2006 timeframe. It will be the originally requested size and design and will be located between Edison Community College and Lely Elementary School. We will share the site with the new East Naples Library. Please help us to reach out to the community that we are good neighbors. The Planning Committee will need to be briefed before we get approval on construction. Next Meeting /Adjourn The next meeting will be in workshop format from 2:00 to 4:00 p.m. on Wednesday, October 19, 2005. Mary Ann will see if the County Museum is available. If not, Deborah offered the Red Cross building. Motion to adjourn meeting at 4:10 p.m. by Nelda Miller and seconded by Deborah Horvath. Approved unanimously. Minutes submitted by Mary Ann Cole. NOTE: The County Museum is not available for the next meeting — we will plan to meet at the American Red Cross, located at 2610 Northbrooke Plaza Drive in Naples (at I -75 and Immokalee Road). R,, LL U a� 0 U 0 U (D N U O U 0 0 0 N 1611 C 0 U 0 U 0 U IV C: U O 1611 C 5 9 CA a� Q C-�, • O O U 6M 0 U c N U 0 U L. Q� U H J Q W ui 2 H } l�'a1 6 c� O a� • ,o a� d� b.Jp CCj on FA • 4� O hil Con • 0 0 U Flo 4.� 0 m • 6 U U CA 4.) • I O Q� • 1611 C .O It- O U • 0 N U w C/) U Z ui W X W �1 U) LLI J W m 1611 C MEN c U c a� U 0 a� c U O 14-1 � Q U ''-' v � c� ,.� ✓� Qom.) con � � � � � � � � � •rte•, CCU ct M 0 0 0 0 0 0 0 0 0 0 MEN c U c a� U 0 a� c U Q W a ct Z • cn �..� Qcn U �o � � U W .. 1� O A V V 0 a b.Q 0 H r-, O V ppp,"- U �c 0 U cu V 0 a� c� O U 4� V 1611 c5 L O 0 U Q� O U 1611 C 5 C7 C7 � r y l l N 0 U c a� N U c c U a� c U 0 n U) Lij .� LLJ = o� LU . � ►� (D CCj � O d� Cl) a (U LLJ O w O z w x x �W H Q� w~ aQ W H d z x x w a w x U MW I 0 U c U a� 0 U 05 0 U Ct O w O z w x x �W H Q� w~ aQ W H d z x x w a w x U MW I 0 U c U a� 0 U 05 o � � o 0 Q W w � �z Q� d � a w � J Q d Q 0 h W W a 'a 0 h w x co C/1 w w L/1 0 w O c c 45 0 L U c c U a� U Naples Daily News: Letters To The Editor 1611 C 5 For the last three years the Collier County Citizens Corps formed under the Department Of Homeland Security has had the mission and task of getting the message out that citizens must be prepared for disasters both natural and terrorist- inflicted. Those living in hurricane - affected areas should heed once again what has happened to those who ignore evacuation notices and are not prepared by having the necessary supplies to be self sustaining until help arrives. There is a saying: "God has leased a condo In Collier County," but I have the impression this lease may be month to month. When it expires are you ready to leave when recommended? Do you have supplies to sustain you for at least three days while you wait for help in case you decide to stay and gamble with your life and those of your loved ones? Local agencies are the first to respond, then the state as a back up and then federal resources. FEMA was created to assist local and state governments to coordinate and focus federal assistance to major disasters. This is the system. Local governments have the task of assessing damage and when help is needed, call for it. Collier County has been very proactive in their preparedness planning and the Collier County Citizen Corps has been a working partner in helping to organize volunteer resources to become a vital operational asset to their plans. The best planning for your own personal safety is for you to have a plan and review it. Contact the Collier County Emergency Department now if you need information to start a preparedness plan at 774 -8000. — Walter R. Jaskiewicz / Chairman, Collier County Citizen Corps Page 1 of 1 http : / /www.naplesnews.cominpdnlpe _letters /article /0,2071,NPDN_14962 4083811,OO.html 9/16/2005 Collier County Government Communication & Contact: Sandra Arnold- Lawson Customer Relations Department Public Information Coordinator 3301 East Tamiami Trail (239) 774 -8308 Naples, FL 34112 Sept. 13, 2005 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDAY, SEPTEMBER 21, 2005 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, Sept. 21 at 3 p.m. in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi - judicial 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. Collier County Ordinance No. 2004 -05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. 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 E. Tamiami Trail, Naples, FL 34112, (239) 774 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774 -8000. -End- Citizen Corps Advisory Committee Agenda September 21, 2005 3:00 Pledge of Allegiance Chairman - Opening Remarks -Roll Call Sheriff's Office CERV Fire Chiefs CERT CAP USCGA Red Cross Veterans Council RSVP Salvation Army Chamber of Commerce EMS EM Health Dept Medical Examiner City of Marco Island City of Naples Everglades City Neighborhood Watch Cleveland Clinic NCH 3:05 Approval of Minutes Chairman 3:10 Threat Update Chief Sally 3:30 New Business Chairman • October Workshop Chairman " Mission — what you need till help arrives" (Set time and Dates) • PowerPoint Presentation Chairman Community Expectations 3:35 Old Business Chairman • Updates from members Members • ESC Update Jim von Rinteln 4:00 Next Meeting/Adjourn Chairman (October 19th ) Donna Fiala District 1 Frank Hales District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Walter R. Jaskiewicz 420 South Barfield Drive Marco Island, FL 34145 1611 S 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 August 31, 2005 Re: Advisory Committee Outstanding Member Award Dear Mr. Jaskiewicz: 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. I am pleased to announce that you have been chosen to receive the Advisory Committee Outstanding Member Award for September, 2005 for your work on the Collier County Citizens Corps. Your presentation has been scheduled for the Board of County Commissioners meeting on Tuesday, September 13, 2005, at 9:00 a.m. in the Commission Chambers, P Floor of the W. Harmon Turner Building (Building F). 13th gratulation and please give me a call at (239) 774 -8097 to confirm your attendance on the Very trul urs, Sue Filson, Executive Manager to the Board of County Commissioners SF Cc: Jim von Rinteln, Emergency Management Department rth2 Fm e Ynnts ere ro j 18vC rrurcaa `"B �` rs a vioTanon of Florida rules of g ; p port," Hollander said. discovery, which mandate the Organization Daily News staff These are some of the relief ef- forts in Southwest Florida that have been organized by nonprofit organizations, schools or agen- cies to help Hurricane Katrina victims: Red Cross: To donate money to the American Red Cross headquarters call (800) HELP -NOW, or the Collier chapter at (239) 596 -6868. Donors also can send money directly to the Red Cross headquarters at P.O. Box 37243, Washington D.C., 20013. More information is at www.redcross.org Salvation Army: 1- 800 - SAL -ARMY or www.salvationarmyusa.org Southwest Florida Community Foundation is collecting money to assist the local Salvation Army and Red Cross chapters in providing Hurricane Katrina relief. Donations to the local fund may be mailed to Hurricane Katrina Fund, Southwest Florida Community Foundation, 8260 College Parkway Suite 101, Fort Myers 33919 The Veterans of Foreign Wars has established an online donation form (https:/Ywww.vfw.org/ index.cfm ?fa= what.levelc &cid =2774& tok =1) for people wishing to donate to Hurricane Katrina relief efforts. The money collected by the VFW will provide financial assistance to veterans and military service members who need emergency help. Naples United Church of Christ, 5200 Crayton Road, Naples, is accepting donations of cash and toiletries for victims of Hurricane Katrina. All cash will go to assist victims; no money is kept for administrative costs. Checks may be made out tc the church and marked: Hurricane Relief. Also, the church's children are collecting toiletries such as toothpaste, toothbrushes, hairbrushes, pain relievers, soap, shampoo, deodorant, nail clippers and bandages. Donations may be brought or mailed to the church until Sept. 15. Catholic Charities: To donate money send checks to Catholic Charities, 2210 Santa Barbara Blvd., Naples 34116. Mark on check that money should be devoted to "Hurricane Katrina relief." Call 455 -2655. Society of St. Vincent de Paul in Naples is collecting donations to help hurricane victims. The money goes to 1611 C orprfncs caxi stay on a surface �or days, weeks or even months after a person touches it. accepting donations for Katrina relief St. Vincent de Paul volunteers who then distribute all of it as aid to help the relocated victims with their expenses and supplies. Mail donations to: St. Vincent de Paul, 2874 Davis Blvd., Naples, 34104. More information: (239) 775 -1667. Compassion Alliance, a faith -based registered nonprofit organization, is collecting donations to provide supplies to aid hurricane victims. Checks may be mailed to Compassion Alliance, P.O. Box 331, Naples 34106, or Compassion Alliance, S.E. 37th Place, Ocala 34471, The organization's Web site is www.compassionalliance.org, The Naples Jaycees, in conjunction with other Jaycee chapters in Florida, is collecting items for the New Orleans community and surrounding areas. Pinch -A Penny at 2301 Davis Blvd. in Naples is the donation drop -off location for goods such as personal hygiene items, sleeping bags, pillows, blankets, first -aid kit supplies, portable battery- operated radios and televisions, batteries and etc. The Lee County Sheriff's Office is collecting and delivering relief supplies to victims of Hurricane Katrina. The efforts are coordinated through the organization "Convoy Of Hope" based in Springfield, Mo. The supplies will be packed into a large tractor- trailer rig and delivered to the staging area in Picayune, Miss. Residents can make donations at any of the sheriff's five substations or at the trailer, which will be at the Sheriff's Office headquarters on Six Mile Cypress Parkway. Addresses for drop -off locations also can be heard by calling 477 -1289. In addition to items such as food, diapers and personal hygiene items, cash and checks also will be accepted. Don't bring drinking water or items in glass containers. Make checks payable to the Lee County Sheriff's Office. The money will be used to help offset the cost of fueling the trailer and the remainder will be used for additional supplies. In Bonita Springs, the substation is located at 8951 Bonita Beach Road, Suite 565, in Springs Plaza. Ave Maria University will hold a benefit concert to raise money for the victims of Hurricane Katrina. All money raised will be given directly to Catholic Charities and The American Red Cross to aid in hurricane relief efforts. More information can be obtained by calling the Events Department line at (239) 280 -2580. The event is Sunday at 8 p.m. at Stella Maris Chapel — Ave Maria University interim campus in the Vineyards, 1025 Commons Circle, North Naples. Staybridge Suites Naples will host a hurricane relief auction to benefit victims of Hurricane Katrina on Sunday from 4:30 to 8:30 p.m. at Otis T's bar at the hotel, 4805 U.S. 41 N. All proceeds will go to the Salvation Army's relief effort. Auction items will include vacations, weekend getaways, food, golf, golf supplies, gift certificates and more. Admission is $20 and includes food by Van's Pig Stands and complimentary beer and wine from Otis T's. Rock concert to benefit Hurricane Katrina victims in Louisiana and Mississippi, featuring Powerhouse with the Powerhouse Horns, plus other top regional rock bands, with special appearances by guest artists to be announced. A live auction of famous musicians' instruments also will be held. The event is Saturday, Sept. 17, at 8 p.m. at Hyatt Coconut Point Resort, 5001 Coconut Road, Bcnita Springs. Admission is $50 per person. All proceeds go to the American Red Cross. Donation Center: The American Red Cross, in conjunction with Coastland Center mall in Naples, has set up a donation collection point at the mall's Guest Service Center near Ruby Tuesday restaurant. There are pre - addressed envelopes available there, Donations should be checks or money orders and will go to the American Red Cross. Relief centers: The American Red Cross has set up 15 Hurricane Katrina Relief Donation Centers — in Naples, Marco Island, Bonita Springs and Fort Myers. Donations should be made payable to the American Red Cross Disaster Relief Fund. Donors are asked to write "Hurricane Katrina" on the memo line of their checks. No cash or credit card payments are accepted. All donations will support Hurricane Katrina relief efforts in Louisiana, Mississippi and Alabama. The donation center locations and hours are: ■ The Lutgert Companies, North Naples, The Village On Venetian Bay, 4200 Gulf Shore Blvd, N. 8:30 a.m. to 5 p.m. Monday through Friday. ■ Premier Properties, The Village on Venetian Bay, North Naples, 4300 Gulf Shore Blvd. N. 8:30 a.m. to 5:30 p.m. Monday through Saturday and noon to 4 p.m. Sunday; the Gallery Office, Northern Trust Building, 4001 U.S. 41 N., Naples, 8:30 a.m. to 5:30 p.m. Monday through Saturday; Old Naples office, 390 Broad Ave. S., Naples, 8:30 a.m. to 5:30 p.m. Monday through Saturday; Bayfront Office, 465 Bayfront Place, Naples, 8:30 a.m. to 5:30 p.m. Monday through Saturday, Vanderbilt Office, 325 Vanderbilt Beach Road, 8:30 a.m, to 5:30 p.m. Monday through Saturday and noon to 4 p.m. Sunday; The Promenade, 26811 South Bay Drive suite 130, Bonita Springs, 8:30 a.m. to 5:30 p.m. Monday through Saturday and noon to 4 p.m. Sunday, Marco Island Office, 936 North Collier Blvd., Marco Island, 8:30 a.m. to 5:30 p.m. Monday through Saturday; Registry Resort office, 475 Seagate Drive, Naples, 8:30 a.m. to 5:30 p,m. Monday through Saturday; Fifth Avenue South office, 776 Fifth Ave. S., Naples, 8:30 a.m. to 5:30 p.m. Monday through Saturday; Commercial Division, 960 Via Del Rey, Bonita Springs, 8:30 a.m. to 5:30 p.m. Monday through Saturday. ■ Lutgert Smith Lesher Insurance, corporate headquarters, Naples, Quarles & Brady Building, 1395 Panther Lane suite 100, 8:30 a.m. to 5 p.m, Monday through Friday; Bonita Springs office, 26811 South Bay Drive suite 220, 8:30 a.m. to 5 p.m. Monday through Friday; Fort Myers office, 5248 Red Cedar suite 103, 8:30 a.m. to 5 p.m. Monday through Friday; Marco Island office, 601 Elkcam Circle No. C1, 8:30 a.m. to 5 p.m. Monday through Friday. -n 1- 4;)an.4 J.rr, 1611 C 5 Katrina Coordination Council September 8, 2005 Meeting Room 206 @ 1 p.m. Opening remarks by Dr. Joan Colfer Introduction and brief outline of services and programs each agency provides. FEMA contact information: 1- 800 - 621 -FEMA (3362) to apply for assistance by phone. To apply for assistance on line register at www.fema.gov Evacuees from Katrina should register to receive assistance. American Red Cross — phone: (239) 596 -6868 2610 Northbrook Plaza Drive ♦ Primary resource for Katrina evacuees ♦ Can provide temporary lodging, food, clothing and a money one -time gift Catholic Charities — phone: (239) 455 -2655 4209 East Tamiami Trail ♦ Food pantry ♦ Assist with prescriptions ♦ Financial assistance with utilities Human Services — phone: (239) 774 -8154 3301 East Tamiami Trail, Building H, Room 211 ♦ Assistance with prescriptions and medications ♦ Services for Seniors (age 60 +) ♦ Dementia (assistance provided, ages 18 to 60) ♦ Volunteer Coordination and Retirees Department of Elder Affairs — phone: (239) ♦ Assist placement in assisted living facilities (ages 60 +) Veteran Services — phone: (239) 774 -8448 3301 East Tamiami Trail, Building H, Room 212 ♦ Connect veterans with VA benefits ♦ 24hr toll free 1- 800 -507 -4571 St. Matthew's House — phone: (239) 774 -0500 20010 Airport- Pulling Road ♦ Provides shelter, food and clothing Collier Health Services contact information: (239) ♦ Marion E. Fether in Immokalee will see HIV patients o Phone: (239) 1611 C 5 ♦ Horizons Primary Care Center— phone: (239) 353 -4101 Pediatrics (will take referrals) Anchor Health Centers contact information: (239) 262 -5228 ♦ Accepting Hurricane Katrina victims Sr. Friendship Center contact information (239) 261 -6600 ♦ Will accept Hurricane Katrina victims during normal business hours ♦ Call for an appointment 261 -6600 Collier County Health Department - Contact: Judy Nuland 530 -5349 3301 East Tamiami Trail, Government Center, Building H ♦ Child car seat program ♦ Birth and death certificates ♦ Investigate specific disease outbreaks ♦ Immunizations for children and adults ♦ Health and Nutrition Information / WIC services ♦ Healthy Start (eligible pregnant women and children to age 3) ♦ "Teen Choices" case management of teen mothers ♦ School Health (health screening and referral services) ♦ Dental Health (children up to age 21 and financially eligible adults) ♦ Screening, diagnosis and treatment of Tb, STDs and Hepatitis A,B & C ♦ HIV /AIDS testing, patient care and case management Department of Children and Families — phone 643 -5900 215 Airport- Pulling Road North ♦ Temporary cash assistance ♦ Medicaid ♦ Food stamps David Lawrence Center — phone 455 -1031 6075 Golden Gate Parkway ♦ Provides counseling and treatment ♦ Emergency Services 24/7 ♦ Direct assistance (will make house calls, if necessary) Cleveland Clinic — phone: 6101 Pine Ridge Road ♦ Physician referrals ♦ Will take referrals needing specialists Collier County Public School — main number: 377 -0001 ♦ Schools are waiving requirements for shots and physicals ♦ Schools will fast track enrollment ♦ Contact Karen Morgan, Liaison for Homeless Children, if problems A • USA SOUTHERN TERRITORY HURRICANE KATRINA FAST FACTS Released September 21, 2005: 1611 Published by Territorial Headquarters, CRD, Atlanta, Georgia The Salvation Army responded immediately following Hurricane Katrina and is serving the immediate needs of survivors by providing shelter, food, water, ice, cleaning supplies, and hygiene products. Over 500,00o people have been served in at least go states. The following information represents the Southern Territory's fifteen states and the District of Columbia. • The Salvation Army has served 1,486,071 hot meals. • The Salvation Army has served 2,726,288 sandwiches, snacks & drinks. ✓ The Salvation Army has 89 Mobile Feeding Units (Canteens) in the many areas affected. ✓ The Salvation Army has io Field Kitchens, capable of producing 20,00o hot meals per day (each). (Intl. 7 Southern Baptist Kitchens.) ✓ The Salvation Army has distributed 30,695 Cleaning Kits. (Broom, mop & detergent.) ✓ The Salvation Army has distributed 50,792 Food Boxes (groceries.) ✓ The Salvation Army has ministered through Pastoral Care to 135,242 individuals. ✓ The Salvation Army has registered and begun helping with 144,742 Social Services Cases. ✓ The Salvation Army Team Emergency Radio Network (SATERN) has received over 60,00o inquiries and has found 8,400 survivors. ✓ There are currently *2,268 Salvation Army Officers serving in the affected area. ✓ There are currently *4,773 Salvation Array Employees serving in the affected area. ✓ There are currently *23,371 volunteers serving in the affected area. ✓ Salvation Army officers, employees and volunteers have served a total of 280,627 hours. ✓ The Salvation Army has assisted a total of 443,566 individuals. L► 1611 C 5 * In the wake of Karina, we would like to publicly ,,,thank ..the Collier County Emergency Management Department forthe excellent service they.prpvide to ourGounity. Their effort's,:`coupled with the strong leadership of the Col- lier County Commission and the Col- lier County manager, provide protec- tion for our families and during the uncertain times of approoach ing storms and the aftereffects of those storms. The Emergency Management Depart- ment is always well - prepared and quick to respond to any threat to Collier County: This highly skilled team that guides our community should 'be com- mended for their effectiveness and stands as a benchmark for other emer- gency departments throughout our state and nation: We are sincerely appreciati ve. of the outstanding job they all do and feel for- tunate to have this high level of profes- sionalism in Collier County. State Sen. Burt L. Saunders State Reps. J. Dudley Goodlette, Mike Davis and David Rivera Operational 1611 SITUATION REPORT No. 6 Hurricane RITA RITA COMMAND September 21, 2005 Published at 0700 Hours ;'. State Emergency Operations Center Level: 1 Period: September 20, 2005 1900 Hrs. — September 21, 2005 0700 Hrs. CURRENT SITUATION: The State Emergency Operations Center is currently at Level 1 activation. Effective at 1200 hrs on September 19, 2005, the Florida State Emergency Response Team (SERT) and the FEMA Florida Long Term Recovery Office and Emergency Response Team -A formed a "Unified Command" (Rita Command) to coordinate response and recovery actions required by the path of Hurricane Rita. The Unified Command (Rita Command) continues to prepare for Hurricane Rita's possible landfall in the Southeast Florida Peninsula and Florida Keys. WEATHER SUMMARY: Today: Mostly cloudy and continued windy. A chance of showers and thunderstorms. Highs in the upper 80s. Mostly southeast winds 25 to 35 mph. Decreasing to near 20 mph. Chance of rain 50 percent. Tonight: Breezy. Becoming partly cloudy. A chance of showers and thunderstorms. Lows in the upper 70s. East to southeast winds 15 to 20 mph. Chance of rain 40 percent. CONSEQUENCES: 1. Evacuation — Several counties have initiated mandatory and voluntary evacuations (see County Actions Below). 2. Sheltering — Counties continue preparation for possible sheltering operations. 3. Office /School Closures — Several counties have initiated office and school closures. COUNTY ACTIONS: County actions provided by county emergency management Monroe I Full Miami -Dade I Monitoring 9/21/05 Broward I Monitoring 9/20/05 Collier I Deactivated Palm Beach Monitoring 9/19/05 1611 C YES Rescinded I Re- opening 9/21/05 Re- opening 9/21/05 STATE ACTIONS: • Rita Command (SEOC) is activated at a Level 1 and is operational 24 hours daily. • SERT Briefings are held at 0730 hrs and 1830 hrs daily. • IAP meeting held daily at 1300 hrs. • Conference calls are held at 1115 hrs and 1715 hrs daily between Rita Command (SEOC), the National Hurricane Center, the National Weather Service offices, and possible impacted counties. Executive Orders: Governor Bush has executed the following Executive Order(s): Federal Declarations: 2 P Residents will be allowed back 0 Closed YES 0700 9/21/05. Tourists will be 9/19/2005 shelters 9/19/05 thru allowed back 0700 9/22/05. open 9/21/05 1 open/ YES All mobile homes and 428 Open homeless people. Open Sheltered 9/20/2005 9/20/2005 (including YES Rescinded I Re- opening 9/21/05 Re- opening 9/21/05 STATE ACTIONS: • Rita Command (SEOC) is activated at a Level 1 and is operational 24 hours daily. • SERT Briefings are held at 0730 hrs and 1830 hrs daily. • IAP meeting held daily at 1300 hrs. • Conference calls are held at 1115 hrs and 1715 hrs daily between Rita Command (SEOC), the National Hurricane Center, the National Weather Service offices, and possible impacted counties. Executive Orders: Governor Bush has executed the following Executive Order(s): Federal Declarations: 2 P r� State Personnel Deployments: SERT REPORTS: OPERATIONS SECTION: Emergency Services Branch: • SAR JMT in Keys - to Marathon by 1700, continuing south • US &R Task Force 3 cancelled en -route • US &R Task Force 6 and 9 advised to stand down • US &R Task Forces 1 and 2 (federalized) standing by in Dade • USCG set up for US &R engineer overflight at 0730 9/21 (pending) • 1 MARC at Homestead AFB • Liaisons for Monroe County are still active • As of the 9/20 1600, there was one Open SpNS Shelter with a total of 75 Clients & Caregivers, and 16 SpNS Clients in ARC Shelters • Successfully evacuated 256 patients from health care facilities in the Keys • Outpatient dialysis patients are currently being treated (e.g. renal diet and medications) under an Emergency Disaster Plan. • Activated: 7 Regional Emergency Response Advisors (RERAs) for response and recovery activities • Staged: 2 Disaster Medical Assistance Teams (DMATs) (FL 6 and VA 1) as of 1800 on September 19; 35 personnel + equipment. • Rostered and On Stand -by: Florida Emergency Mortuary Operations Response (FEMORS), if needed • Finalizing Keys Reentry Plan with ESF8 Partners • Bringing Resources Back into the Keys • Standing up the Health and Medical Infrastructure • Readmission of Clients into Health Care Facilities • Addressing SANPAC requests • Conducting and disseminating epidemiological surveillance reports (current focus: poison control data) • Revised pre, during and post storm information packages complete and provided to ESF 14 2 HazMat response teams deployed to South Florida • All Monroe County Parks closed & 3 Dade County Parks Closed • Monitoring status of deepwater ports 269 Law enforcement deployed as of 09 -20 -05 AM (97 State Law Enforcement (SLE) & 162 County /Municipal), 60 Law enforcement deployed from other states to impacted area • Law Enforcement component USAR Teams have been set up for pre- staging areas • Escorting DMAT teams from Miami to Fishermans Hospital in Marathon and Lower Keys Medical Center in Key West U 1611 C60 Human Services Branch: • Currently, one (1) general and special needs population shelter open in Miami -Dade County. 348 evacuees in shelter, including 75 special needs evacuees • TSA has five (5) canteens on standby. Each canteen can prepare up to 2,000 meals per day • ARC service capacity has not been reported. Yesterday's reported meal count was 2,984 • 33 truckloads of water and 15 truckloads of ice are staged at the West Palm Beach mobilization area in preparation for response to Hurricane Rita • 17 truckloads of water and 35 truckloads of ice are en route to West Palm Beach • Incident Management Team on standby in South Florida Infrastructure Branch: • Supporting Re -entry of Florida Keys • Toll Suspensions • South and east bound Florida Turnpike Road and Expressways in Miami -Dade, Broward and southern Palm Beach Counties will be suspended for 9/21 • Both north & south bound turnpike from Broward /Miami -Dade County line to US 1 /Florida City suspended until Friday morning 9/23 • Marathon Airport reports that they will be operational later today (9/21/05). Key West International is still closed due to flooding on their runways. Will possibly open tomorrow (9/22/05). Miami Int'I airport is open. • State and Federal roads are being cleared; bridges to be inspected beginning A.M. 9/21 • Bridges open to legal weight traffic only (no over - weight variances permitted) • Deployed SAT and CELL phones for Hurricane Rita response • No major telecom disruptions reported • Fuel available along re -entry corridors (about 80% of stations report normal supplies) • Local electric power outages may impact fuel availability in the Keys • 4 fuel tenders /tankers supporting SAR, security and other first responder missions • Port Everglades is at condition Zulu (Closed) in A.M. per USCG. • Product level stored at Port Everglades is near 100 %; fuel terminal ops is normal Power Outaaes 4 ?t' d. g i 9* _ 3a f a ,. „ s �3 a� i F E N V A" t��y s� �v W t�. S _ ., a A ..made s - • •— • ,” Road Closures Miami -Dade I SR 997 eight miles north of SR 90 is partially closed due to debris. ADMINISTRATION /FINANCE SECTION: • Assisting with deployment of staff for Rita • Continuing to purchase equipment and supplies • Continue to track expenditures for all three storms N 1611 C LOGISTICS SECTION: • Nothing to report during this operational period PUBLIC INFORMATION: • Nothing to report during this operational period RECOVERY SECTION: • Nothing to report during this operational period INFORMATION AND PLANNING SECTION: Situation and Flash reports are issued as needed each operational period. Counties are reminded to email their Situation Reports to esf5 _inetmail.att.net Florida Division of Emergency Management Contact Information Planning Section E -Mail Address: esf5(a-)inetmai1. aft. net Internet: http: / /www.floridadisaster.org 5 wile � as band trice GolLLer 1 GOalGt}/ �YeQdOGLL d.1 eGGLOYlaL 77�,e 1 , GGLeGLLOY( as Skowrc bdour, well be coiutracted ogc tkegroug& 0f ' • the Comer coartity CloUEYKm4; t- CeK.ter at 3301 E. Tawjam& Trait. Ike wceu"ri-al will trcbate t0 tiv wewbers of oar hrwa Forces wk0 have sacra f c-ed their lm t0 pmarfte our f wdawa9d to honor 4a, ' , eHfOYGelyLe{Lt S, f�+'efiylcterS, y'LediCaG�el"S06GN.eL "td ClU7lCq`(S /fJim taoyGSha dcrGgg theelept. 11, 2001 temorGst aitae%s. DomfioKu are tax deductible and cam be made able to: Ike PrM,doHf, A fwwrlal EaruL C/O Ike veteraiv Gouges - capt: Peacock 420 Puffer Court Nudes, PL 34103 C_.o1[ier County Communication and Customer Relations Department 239- 774 -8999 1611 VaNdaAiti BsaaA M.S.7.f1. Advisory eaw�ftt� 2885 Horseshoe Drive South Naples, FL 341W October 6, 2005 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: August 16, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery 1. Credit Interest 2. Dept of Transportation Revenue explanation VI. LANDSCAPE MAINTENANCE REPORT: CLM A. Irrigation repairs according to Contract VII. OLD BUSINESS A. Decorative signs and poles — Lew Schmidt B. Bike Path Update — Lew Schmidt C. Benches IX. SUB - COMMITTEE UPDATE'S: A. Utilities — Charles Arthur B. Sidewalks — Carol Wright C. Maintenance — Lew Schmidt D. Tax Analysis - Bud Martin E. Liaison -Dick Lydon VIII. NEW BUSINESS: XI. PUBLIC COMMENTS XII. ADJOURNMENT RECEIVED SEP 2 6 2005 Board of County Commissioners Biala Halas Henning Coyle Coletta -- The next meeting is scheduled for November 3, 2005 AT ST. JOHNS PARISH LIFE CENTER Misc. Corres: 625 111TH Ave. Naples, FL Date: Ite,, ft l _T 4-- C nr 1611 C6 vMwNdiee Aa,& .sra. Advisory eawIftitt" 2885 Horseshoe Drive South Naples, FL 34104 August 16, 2005 I. The meeting was called to order by Chairman Dick Lydon at 9:02 AM. II. ATTENDANCE Members: Dick Lydon, Charles Arthur, Carol Wright, Lew Schmidt, Bud Martin (Excused) Collier County: Darryl Richard- Project Mgr., Tessie Sillery-MSTU Coordinator, Don Scott - Planning Dept. Others: Robert Kindelan -CLM, Mike Morrow - Regatta, Sue Chapin - Manpower Services III. APPROVAL OF AGENDA — Add: Under V., (B) Interest Credit, Add: under VII. (C) Benches, Add: under VIII (A) Effluent Water Charles Arthur moved to approve the Agenda as amended. Second by Lew Schmidt. Carried unanimously 4 -0. IV. APPROVAL OF MINUTES: July 19, 2005 Lew Schmidt moved to approve the minutes of July 19, 2005. Second by Charles Arthur. Carried unanimously 4 -0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery (Handout attached) The various items were covered with a total of $1,187,951.41. Revenues and monthly invoices were also covered. B. Credit Interest • Tessie will get an answer on why the Credit Interest is so low. • Dept. of Transportation Revenue was questioned — Tessie will get an answer. • After discussing the Bluebill expenses and plantings, it was decided to take those line items out of Improvements - Capital. V. LANDSCAPE MAINTENANCE REPORT: CLM • Normal maintenance done • Fertilize next week • Sod for Vanderbilt Beach Road will be done in the next 2 weeks • Need to communicate with Baker Carroll Point on maintaining the weeds in their area. Not sure whose responsibility it is. Robert will re -check the area to see if it has been taken care of and if not, will report back to Darryl. • Vanderbilt Drive has had grasses torn out by the Telephone Company by the lift station — Robert will sod that area. • Many irrigation heads have been vandalized since school started — is an ongoing problem 1611 CLM CONTRACT RENEWAL • Darryl mentioned there are no additional expenses added to CLM's contract for maintenance of sod in the Regatta area. • Gulf Shore & Bluebill weed maintenance should probably be added to the Contract. • Darryl will obtain a square footage figure and a dollar amount from CLM. The Contract does not need to be re -bid at this time. CLM Contract is in effect for 3 years. This is his second year. The Contract already contains a unit price that will be added after staff can provide the correct square footage. It was indicated it will be minimal. VI. OLD BUSINESS A. Decorative signs and poles — Lew Schmidt Will present the options to the Property Associations when they meet again in the fall. B. Bike Path Update — Lew Schmidt Lew introduced Don Scott — Planning Dept. There is a bike path on the East side of Vanderbilt Drive from Vanderbilt Beach Road to 91st. Would like to continue it to 111th. Discussion followed and Mr. Scott talked about much of the area having a drainage problem. Storm water was discussed and doing a conceptual study. This would be a County or Naples Park project as the MSTU ends mid - street. Getting funds for storm water project was also discussed and Mr. Scott will check on a grant. In summary; there can't be a bike path without resolving the storm water issue first. The Committee is concerned of it being a safety issue with the new parking garage and the beach traffic. C. Benches —Carol Wright The bench on the north end of Vanderbilt Drive is in dire need of replacement. It had been hit by a car. It had been decided when the benches start to deteriorate, they will be replaced by new benches they previously picked out. It should be removed if it is a safety issue. IX. SUB - COMMITTEE UPDATE'S: A. Utilities — Charles Arthur The Committee has a meeting scheduled with FP &L tomorrow and will go over all the details that are needed. Darryl mentioned in his conversations with FP &L it was found they are bringing in someone from the East Coast as a project manager. Pam Lulich and Diane Flagg have gotten involved and influential in setting up the meeting along with Grover Widden. They need to express the option for phasing the project because of funding. B. Sidewalks — Carol Wright The Bridge is a year earlier than expected. Trinity Scott is now in charge of Pathways. just for information only. C. Maintenance —Lew Schmidt Covered earlier. D. Tax Analysis — Bud Martin No Report 2 Gulf Shore design will be done in 2 months. None of these are MSTU projects; this is r E. Liaison —Dick Lydon Dick reported he was contacted by Murdo Smith from Parks & Rec. He will meet with him on the future of the Vanderbilt Inn and beach access. (Charles left at 9:55) VII. NEW BUSINESS: A. Effluent Water — Darryl Richard Darryl reported on quotes for design — Johnson Engineering - $150,000, waiting for McGee & Assoc. and will contact Hole Montes along with sending out a request again to all 7 firms. All MSTU's are on the priority list along with the County Landscape Beautification Master Plan. Little discussion followed on availability and cost savings. Lew will continue to pursue the subject matter under his Sub - Committee report. XI. PUBLIC COMMENTS • Mike Morrow reported the Regatta is still working on the water issue. Also the sign discussed at the last meeting is contracted and waiting for County approval. • Robert Kindelan mentioned according to his Contract he needs to get written or verbal authorization from the County before repairing irrigation. It was mentioned it is more costly, when there are leaks etc., to wait for approval. He prefers to get it in writing so he is compensated. Darryl responded it may be a possibility for the Committee to authorize a certain amount of expenditure with a not -to- exceed amount. They need to resolve the issue. He will confirm and report back. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 10:15 AM. PLEASE NOTE: No Meeting in September The next regularly scheduled meeting is October 6, 2:00 PM, 2005 AT ST. JOHNS PARISH LIFE CENTER 625111TH Ave. Naples, FL FOREST October 12, 2005 1611 C 7 ROADW AY .l:ND ADVISORY COI OffrFEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Azenda I. CALL MEETING TO ORDER H. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: June 8, 2005 0(. i J 4 2005 Board of ".,'ounvv Commissioners r� Fiala Halas Henning Coyle Colette V. TRANSPORTATION SERVICES REPORT A. Budget — Tessie Sillery B. Update on Annual Maintenance of Pipes & Ditches - Darryl VI. OLD BUSINESS A. Update by Wilson- Miller — Craig Pajer 1. Results of Traffic Control Study on Stop Signs 2. Update on County Wide Storm Water Improvements Project 3. Priority list for FY '06 Budget Update B. Update on Bonness & Pot holes — Darryl/Craig C. FP &L — Street Light Installation update VII. NEW BUSINESS VIII. PUBLIC COMMENTS IX. ADJOURNMENT The rwrt meetit will he :'timvinber 9, 10:00,41 'I r-;affic• Operations (. `on%r•elwe ltoorrr "88� 11or-seshoc Dr•ii e South Naples, 1A 34104 Misc. Date: 1 ISjo 5 item #: 1 to _t 02 7 1 Copies to: 1611 September 20, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE ?:: I \® Naples, Florida, September 20, 2005 ' � 6 5 2605 Board Of COL1111y commissioners LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East,. - "' Fiala Naples, Florida, with the following members present: hulas Henning Coyle coletta CHAIRMAN: Dr. Randall Eisel Ms. Karen Acquard Sergeant David Estes Ms. Jennifer Hawke Mr. Tom Kepp, JR (Excused) Ms. Susan Weiss ALSO PRESENT: Margo Castorena, Director of DAS Nan Gerhard — Shelter Operations Manager Misc. Corms: Date: I 1 s OS Item #: 1 Copies to: 1611 C September 20, 2005 1. The meeting was called to order by Chairman Dr. Eisel at 6:40 PM. 2. Attendance: A quorum was established. 3. Approval of Agenda: Karen Acquard moved to approve the Agenda. Second by Susan Weiss. Carried unanimously 5-0. 4. Approval of Minutes: August 16, 2005 Jennifer Hawke moved to approve the minutes of August 16, 2005. Second by David Estes. Carried unanimously 5-0. 5. Director's Report a. Facility • Crematory floor in place and tested • Backup connector system for emergency power in place • Baffles for noise reduction in Community Room in place • Security system in last phase of installation • Minivan for 2006 has been ordered b. Human Resources • Ops Coordinator Gary Young, will start on 9/26/05 • Administrative Assistant Cynthia Staswieski is moving. Her last day will be 9/30/05. Carla Reyes will be pinch - hitting for her • CSRs is fully staffed • Field is fully staffed • Kennel has only one vacant position; contract workers are in place • 2 Vet Techs positions are still open. They have been posted, including in the Katrina area c. Miscellaneous • HSUS Disaster Relief Fund Bake Sale made $5,137.12 with many generous donations • Two ACOs were deployed through the Florida Animal Control Assn. to assist in animal rescue in the Katrina area for two weeks • The CC ordinance revision is being coordinated. Amending the ordinance to conform with the new state law which recognizes the 3 year rabies vaccination is under consideration • "Happy Tails" won the 3 CMA national award for "Most Effective with Least Cost" • 200 Dog Training (How to work with shelter dogs) DVDs have been purchased for .99 each.. They will be given out with adoptions and its success will be evaluated. Margo will get a copy to all Board members 2 d. DAS Stats — Attached Report is as follows: • Volunteer Handout -395 volunteer hours for August • 200 Adoptions • Various statistical items were explained e. Spay/Neuter Workshop (9/22/05) 6:00 - Meet & Greet 6:30 - Workshop To date Margo has 3 speakers Dr. Eisel will meet with Margo to work on the agenda f. Upcoming 9/22 10 /5 10 /8 10/15 10/26 11/5 11/19 6. Old Business: Event Dates — Spay/Neuter Workshop — Spay/Neuter Day — Child Safety Day — VSA Shot Clinic — Dogs Night Out — Christmas pictures — VSA Shot Clinic 1611 September 20, 2005 a. DAS Advisory Board Animal Activist position Michele Antonio volunteered to leave the room for the election There were 7 candidates. The Board discussed the applications and voted. The vote was Michele Antonio 4, Catherine Kidon 1. The Board will recommend Michele Antonio to the BCC for their approval as the new DAS Board member 7. New Business: None S. Public Comments SPEAKERS Michele Antonia — spoke about the number of feral cats and many problems associated with them.. Tina Bland - chose to withdraw her name as a speaker. She will speak instead at the Spay/Neuter Workshop on 9/22 3 1611 '-C September 20, 2005 9. Advisory Board Member Comments: The magnitude of the feral cat problem was described. Spay/Neuter was seen to be mainly a money problem. Several approaches and possible solutions to the problem were discussed, including euthanizing, Spay/Neuter, traps, veterinarian salaries and community awareness There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:05 PM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES Chairman Dr. Randall Eisel 4 1611 C September 22, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, September 22, 2005 (,,"E IV E D 0c) U "'j 2505 d3oaro o��Councv (: =omrnissioners LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in a Workshop at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida with the following members present: iala Hala las ° ?kenning Coyle `oletta CHAIRMAN: Dr. Randall Eisel Jennifer Hawke Karen Acquard ALSO PRESENT: Margo Castorena, Director of DAS Nan Gerhardt — Shelter Operations Manager Misc. Corr6s: Date: inn #: �O C Copies to: 1611 C September 22 2005 The Spay/Neuter Workshop was called to order by Chairman Dr. Randall Eisel at 6:35 PM. Dr. Eisel welcomed everyone and thanked them for coming to their first Workshop. The rules for the Workshop were given by Sue Chapin, Manpower Services. Speakers will be limited to 5 minutes after the Board members have been given time to address the topic. Everyone is to sign a Speaker Sheet before speaking. One person at a time will speak in an orderly fashion after being called to the Podium. After the speakers, each Board member will again comment and Dr. Eisel will summarize the Workshop. Dr. Eisel commented the spay /neuter numbers are down but need to address how to improve them. A possible program is needed in Collier County. A facility in the Immokalee area has been discussed. Jennifer Hawke welcomed everyone also and felt this is a very important topic and will wait for the speaker's comments on how to make headway from here. Karen Acquard also welcomed everyone and will hear everyone's different ideas and hope to come up with a solution that will work for Collier County with everyone working together. SPEAKERS Tina Bland — Feral Cat Rescue — gave statistics of those feral in the wild and being over - populated. She talked about the Trap, Neuter and Return method. San Diego and San Francisco were quoted how their rates have dropped extremely. Many areas have implemented the program. She discussed reducing behavior of feral cats, protecting humans and safety issues. There is no excuse for us. They have persons in the community trapping feral cats now. Need to expand a program to fix so many feral cats a week or a month. Implement in the Community (No Kill Shelter in Miami is being discussed). Michelle Antonia — Operation Cat Nip — started in North Carolina by a veterinarian. The vets gather to a particular vet hospital and spay and neuter stray and feral cats for free. They are paid for through donations. She talked about vaccinations and other testing done. She gave examples of how colonies get started. Discussed the bus, transportation areas and some problems they might encounter. Need to explain the reasons for spay and neutering to the community. Many are below the poverty level and need a free program. They are afraid of authority and need to feel comfortable. Jodi Walters — President of Spay/Neuter Coalition — Talked about the DAS Budget — in 7 years it has increased over $1.550M. She stated they are doing reactionary work rather than proactive. Do need a Spay/Neuter program in Collier County. Need a mobile clinic based on the demographics and geography of the County. Immokalee does not like to spay and neuter. A stationery clinic may be okay. Many areas are using the mobile 2 ,1Ii r, 1611 I t { r- { 4. IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Summ9a of Minutes & Motions September 21, 2005 M. & IV. Approval of the Agenda and Minutes of the regular meeting of June 15, 2005 and the Special Meeting of August 23, 2005 was approved and carried unanimously. V. Transportation Services: A. Budget The lighting maintenance account increase is due to maintenance of the pole and light damage from car accidents. MR. McGee asked for clarification of the MSTU paying for the difference between the Cobra head and decorative overhead lighting. It was his impression the MSTU only paid for the difference between the two. This needs to be clarified. _ Darryl had been told by Bob Tipton the MSTU pays for all the maintenance. This was discussed further and will be clarified at the next meeting. iicod) Darryl explained the County is having problems with their SAP accounting system and will be auditing the MSTU Accounts. They will hold a meeting with the entire Chairman in the future concerning the issue. B. Expanding the MSTU Boundaries A lengthy discussion was held on the expansion of the boundaries which had been brought up in the past. Sharon Tims moved staff follow proper procedure of extending the boundaries provide a map of the area and find if it is beneficial to the MSTU with the mire rate. Second by Cherryle Thomas. Carried unanimously 4 -0. Misc. Corms: Date: I I- 15 - D 5 item #: 14p, = I Cq copies to: 1611 G IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Agenda October 19, 2005 L CALL MEETING TO ORDER H. ATTENDANCE: III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: September 21, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget — Tessie Sillery B. Expanding Boundaries — Darryl Richard VL TRANSPORTATION MAINTENANCE REPORT: A. Report —Robert Kindelan/CLM VIL LANDSCAPE ARCHITECTS REPORT: A. Sidewalk Project Report - Mike McGee B. Pedestrian Fence C. Banner Update D. Phase IV VIII. OLD BUSINESS: A. State Project Update — Darryl Richard B. Code Enforcement Issues — Cristina Perez IX. NEW BUSINESS A. Master Plan Committee Report X. PUBLIC COMMENT XI. ADJOURNMENT PLEASE NOTE The next meeting is scheduled for Wednesday, November 16, 2005 4:00 PM, At the Immokolee Community Park 321 First Street South, Immokalee, FL 1 1611 C e IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Mee in September 21, 2005 L The meeting was called to order by Chairman Sharon Tims at 4:38 P.M. IL ATTENDANCE: Members: Sharon Tims, Rita Avalos (Absent) Cherryle Thomas, Dorcas Howard, Bernardo Barnhart (4:40 PM) County: Darryl Richard- Project Manager, Tessie Sillery-MSTU Coordinator, Christina Perez -Code Enforcement Others: Mike McGee -McGee & Assoc., Sue Chapin - Manpower Services III. APPROVAL OF AGENDA Dorcas Howard moved to approve the Agenda. Second by Sharon Tims. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: June 15, 2005 Dorcas Howard moved to approve the minutes of June 15, 2005. Second by Cherryle Thomas. Carried unanimously 3-0. Dorcas Howard moved to approve the minutes of the Special Meeting of August 23, 2005. Second by Cherryle Thomas. Carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT: A. Budget — Tessie Sillery • Tessie has made minor changes to the Budget for better clarification. (Attached) Various line items were covered. (Bernardo Barnhart arrived at 4:40 PM) • Lighting maintenance account increase is due to maintenance of the pole and light damage from car accidents. Tessie explained the process for collecting monies from insurance for accidents. It is then added to their Budget. • Mr. McGee asked for clarification on the MSTU paying for the difference between the Cobra Head and decorative overhead lighting. He was under the impression the MSTU only pays the maintenance on the difference between the two. This needs to be clarified. o Darryl stated he has been told by Bob Tipton the MSTU pays for all maintenance costs. This will be discussed further with Bob Tipton/Transportation -Traffic Ops. b 1'-C o Mr. McGee also mentioned it would have been iscusse in the 1998/99 MSTU minutes. He stated the County pays for the Cobra head and the MSTU decided to put in a decorative overhead, so it was an understanding that the MSTU would only then be responsible for the costs above a standard Cobra head installation. • If there was no motion, or an agreement in writing, it is not the Counties responsibility. • Darryl will clarify for the next meeting. Darryl explained the County is having problems with their Accounting software system (SAP Program) in which some errors have been found. They will be auditing all the MSTU Budgets and hold a meeting with all the MSTU Chairman. B. Expanding Boundaries — Darryl Richard Darryl distributed an email from Jeff Klatzkow- Assistant County Attorney, concerning expanding the boundaries. Another distribution of a memorandum from 11/2003 and their Ordinance was also distributed. o The boundaries need to be established. o A petition would be required to see if there is any interest in an expansion. o An Amendment to the Ordinance will be needed. o The Committee needs a plan and reasons for staff review of which will then be presented to the BCC. Darryl suggested a Sub - Committee study all the above, retrieve information on the Web and map out the area. A lengthy discussion pursued. Many suggestions were given on how to proceed by Mr. McGee. This has been discussed in the past and had been determined there possibly wasn't enough millage to be beneficial to the MSTU. This can be looked into further. Sharon Tims moved staff follow the proper procedure of extending the boundaries, provide a map of the area and find if it is beneficial to the MSTU with the millage rate. Second by Cherryle Thomas. Carried unanimously 4 -0. A question was asked if the Immokalee is still a lighting MSTU and if it is in their Ordinance. A lengthy discussion pursued. VL TRANSPORTATION MAINTENANCE REPORT: A. Report — Robert Kindelan /CLM (not present — report given by Mike McGee. • Palm trimming being done • Pressure Cleaning being done • Cleaning Benches being done • Will get a replacement count on plant material o Will remove torn banners N 1611 C VII. LANDSCAPE ARCHITECTS REPORT: A. Sidewalk Project Report - Mike McGee o 99.9% completed o Some drives were not permitted but asphalt aprons were put in B. Pedestrian Fence - nothing C. Banners & Design — the design has been picked out. Cherryle will get the book to Darryl so pricing can be done and the banners ordered. o Since they are to be donated by the Chamber, Darryl will go before the BCC on the donation approval first. o Darryl will check with Commercial Land concerning the ordering of the Christmas Banners. D. Phase IV — Mike will get sample of drawing. Did a new layout. Found it didn't meet light levels. Tree planting may be limited due to utilities. Plans are at 60 %. VIII. OLD BUSINESS: A. State Project Update — Darryl Richard Need a set of plans that include details so they can get the name of the project manager from FDOT. Bob Tipton should have a set of plans that Darryl can obtain for the information needed. B. Code Enforcement Issues — Cristina Perez They are short 2 investigators at the present. Have minimum housing inspectors in Immokalee and are focusing to get them up to code or demo. DL NEW BUSINESS A. Master Plan Committee Report — Bernardo gave a short report from the CRA meeting he attended. Discussed an affordable housing area with prices in Collier County of $254,000. Mapping was discussed Darryl will work with Cherryle. Cherryle will not be in attendance at the October meeting. X. PUBLIC COMMENT — None Being no further business to come before the Committee, it was adjourned by the Chair at 6:05 PM. PLEASE NOTE The next meeting is scheduled for Wednesday, October 19, 2005 4:00 PM, At the Immokalee Community Park 321 First Street South, Immokalee, FL 1611 C E RichardDarryl From: KlatzkowJeff Sent: Monday, September 19, 2005 4:16 PM To: RichardDarryl Cc: sillery_t; flagg_d Subject: RE: Opinion concerning the expansion of MSTU Boundaries Darryl: In furtherance of our telephone conversation, my thought is to have the Advisory Committee come forward with a plan, present that plan for staff review, then present to the BCC. If the idea is to expand the MSTU boundaries, the Board has the power to do so by directing an amendment to the Ordinance to encompass the additional area. The Board could also elect to see if there is any interest in the proposed newly- included area by requiring a Petition. Or the Board may decide upon a different course of action, or no action at all. Either way, I would start with the Advisory Committee formulating a proposal. Jeff Klatzkow Assistant County Attorney (239) 774 -8492 From: RichardDarryl Sent: Monday, September 19, 2005 4:09 PM To: KlatzkowJeff Cc: sillery_t; flagg_d Subject: Opinion concerning the expansion of MSTU Boundaries Jeff, If an MSTU Organization should want to expand their boundaries to include additional outlaying areas. What then, is the process to follow? Does the Committee need to have the 50% plus one petition signed by the property owners in the prospective area to be added? Does the Committee then, once they have the 50% plus one, need to go to the BCC to add the areas? In the form of a revision to the ordinance? Just confirming procedure. The Immokalee MSTU had expressed an opinion that they desired to expand their present boundaries. The Committee has not given specific areas under consideration to add. Thank you, Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 telephone: (239)659 -5775 Fax: 239 - 530 -6219 Cell: 239 - 253 -9083 darrylrichard@colliergov.net MF W, 1111-1161-1- "'GI iMMOKALEE LIGHTING 8. BEAUTIFICATION m-w DISTRICT, BOUNDARY -D-16 1611 C MEMORANDUM DATE: November 24, 2003 1611 C TO: Bob Petersen, Project Manager, Alternative T nsportation Modes Dept. FROM: Jeff Klatzkow, Assistant County Attorney SUBJECT: Immokalee Beautification Municipal Service Taxing Unit Ordinance, Ordinance No. 92-40; RIS No. TRN 031121 -06 You have asked this office whether the Immokalee Beautification MSTU boundary can be enlarged, and if so, how does the Committee proceed to enlarge the boundary. The Board may amend an MSTU ordinance to modify the MSTU area boundaries. Typically, this is accomplished by the appropriate staff person or department or the advisory committee chairman representing the view of the committee, or both, to come before the Board of County Commissioners with a regular agenda item making that very request. The Board upon public consideration of such request may direct staff or the County Attorney Office to prepare a draft Ordinance amendment to be advertised for a future Board meeting date. Please note that there must be an appropriate or adequate nexus or reasoning for any real property that is not currently within the MSTU boundaries to be included in the future. Ordinance No. 9240 has a distinct purpose relating to landscape beautification, and it is important for the Board to ascertain which additional properties may be benefited by the acts and projects of the MSTU, as there is a concomitant liability for taxation for such added properties. I hope the foregoing information has been of assistance to you. If you should have any further questions in this regard, please contact me at your convenience. Cc: Diane Flagg David C. Weigel JAK Attachment .k.._r 1611 . RECEIVED 15 9 27 Ali t8% ORDINANCE NQ. 86 - 41 -n ORDINANCE ESTABLISHING STANDARDS FOR tit +R+ si MirWiiiapnCREATION AND REVIEW OF COUNTY BOARDS c (r'n ttuntRtw AND PROVIDING A POLICY DECLARATION; o c C:; PROVIDING EXEMPTION; PROVIDING DEFINI- T;OHS1 PROVIDING QUALIFICATIONS AND V% s REQUIREMENTS FOR MEMSERSHIPi PROVIDING PROCESS OF APPOINTMENTS= PROVIDING TERl:S OF OFFICE; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING ATTEN- DANCE REOUIREMENTSJ PROVIDING SEVER= ABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIOUERS OF COLLIER COUNTY, FLORIDAt SECTION Out: POLICY DECLARATION. It is hereby declared to be the policy of the Board of County Casonissioners of Collier County, Florida, to promote . economy, efficiency and improved service in the transaction of the public business by County Boards. Nothing in this Ordinance shall, be construed to prohibit or restrict the Carxission from as�anding or abolishing, at any time, any Board currently in existence or hereinafter created. SECTION TWOS DEFINITIONS. The term 'Board" is defined to include every agency, advisory board, regulatory board, quasi - judicial board, commit- tee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. The term "Comm irsion" is defined as the Board of County Commissioners of Collier County, Florida.. The fora "Exempt" is defined to include Ad -Hoc Study Cosamittess appointed by Resolution of the Board cf County Connie - sioners for a duration of not more than one (1) year and created to serve a specific short -term function. SECTION THREE: CREATION or NEW BOARDS. (a) All Boards created after the effective date of this Ordinance shall be created by ordinance only except for the Ad -Soc Study Committees which fall under the 'definition -of Exempt. Such ordinance shall sat forth the Board's purposesi functionsi powers; responsibilities; .jurisdictions membership lw 024n, 85 C ' �.�,,...,, F +r,�, +arm•' 1611 " .r requirements and restrictions; terms and conditions of appoint- ment to and removal from the Board; and the specific staff support, if any, necessary to prepare an annual report, either oral or written, to be presented to the Commission. (b) Prior to the advertised public hearing held for said ordinance, the County Manager shall submit to the Commission, a report setting forth the following information concerning the proposed new Board: 1.) Whether the establishment of the board will create sufficient betterment to the community to justify the Commission's delegation of a portion of its authority. 2.) Whether another Board or agency, either public or private, already in existence, could serve, or is serving the same purpose. 3.) The costs, both direct and indirect, of estab- lishing and maintaining the new Board. , 4.) Whether creation of the new board is necessary to enable the County to obtain state or federal grants or other financing. 5.) Whether the Board should have bonding authority. 6.) Whether creation of a new Board is the best method to achieve the benefit desired. SECTION FOUR: CXEMPTION. • The Board of County Commissioners may, by resolution, appoint an Ad -Hoc Study Committes for a specific project, if the duration of the Committee does not exceed one (1) year duration. i The resolution must set forth the duties and rosponsibilities of .the Comittee and contain language which automat:.cally dissolves the Committee La one (1) year from the date of adoption by the Commission. SECTION FIVE: OuALIFICATIONS AND NrRrz=Ts FOR YO N[EMBEIMHLP ON All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community se--vice. In addition, all Board members should have son 024 yq 86 2 1611 C �ti vv • t ' demonstrated an interest in the activity or service which is the purpose of the Board. Any member of a County Board who ceases to be a resident of Collier county during his or her term of office shall immediately advise the commission of such change in status. Upon such notice the Commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six. herein. The Commission's primary consideration in appointing Hoard members shall be to provide the Hoard with the technical, profes- sional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. , No person shall nor" an more than two county Boards simul- taneously. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board. Should any County Board member qualify as a candidate for an elective political office, such qualification shall be deemed a tender of resignation from such Board. "Any County Board member who has qualified for elective political office prior to the effective date of this Ordinance shall not be regcired nor be deemed to have resigned from such Board. SECTION SIXI PROCUS OF APPOINTMENT. (a) Vacancies occurring on any Board shall be publicized, but need not be advertised, in a - publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and County Courthouse. (b) Prior to making • appointments to 'Boards, the Co.ission's staff shall provide the Commissioa with a list outlining the qualifications and demographic backM•ound of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members + seeking reappointment on each Board to which an appointment' is • being made. im 024wf 87 t 3 x 1611. C SECTION SEVEN: TERM OF OFFICE. (a) Terns of office for Board members shall be staggered. (b.) (1) Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; pro- vided, however, that any person currently serving on a Board shall be permitted to serve on that Board until the expiratian of his or her term. (2) By a unanimous vote of the Commission, the limita- tions set forth in subsection (b)(1) above may be waived. (c) Nothing set forth in subsections (b) (1) above shall j prohibit any individual from being reappointed to a Board after a hiatus of two years. SECTION SIGHT: ATTENDANCE REOQIRElO:NT. Any Board member shall be automatically removed if be or she is absent from two consecutive Board meetings without a satis- factory excuse or if he or she is absent from more than one -half of the board's meetings in a given fiscal year. A member of a Board shall be deemed absent from a meeting when he or she is sot present during at least 751 of the meeting. SECTION NINE: REVIEW OF BOARDS. Commencing January 1, 1987, each Board shall be reviewed in the following manner. (a) On or before January 15th of the year in which a Board is to be reviewed; its Chairperson shall submit to the County Manager a report setting• forth the following information * regarding the Eoard: 1.) Whether the Board is serving the purpose for which it was created. 2.) Whether the Board is adequately serving crurrent y ooamunity needs. 3.) A list of the Board's major accom).lishmentm for the preceding twelve month period. 4.) Whether there is any other Board or agency, either ' public or private, which is serving or would better serve the purpose for which the Board was created. IOOK U�`� j . r- 1611 .�,. ...,ice► "� �: asr �:�4 5.) Whether the ordinance creating the Bootd should be amended to allow the Board to more adequately serve the purpose for which it was created. o.► Whether the board's membership requirements should be modified. 7.) The cost, both direct and indirect, of maintaining the Board. (b) On or before rebruary 15th of the year in which a Board is to kz reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant t Sretion 9(a) of this ordinance, together with any recommendation or comments the County Manager may have. (c) During . March of the year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section 9(a) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcossaittee con- sisting of three (3) members of the Commission. Said subcom- mittee shall evaluate the Chairperson's report, the County Manager's recommendations and any other information it deems relevant to determine whether the Board shall continue in its present form. The- subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. (d) At the conclusion of this review process, the Comais- . sion shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. (e) The following Boards shall be reviewed in the years as set forth below and shall be reviewed once every four (4) years thereafter: 19372 Board of Adjustment and Appeals rood Establishment Review Board Tourist Development Council Emergency Medical Services Advisory Council Iou Wpm Of' 5 C 19881 Library Advisory Board Golden Cate Community Center Advisory Committee Contractors Licensing Board Isles of Capri Fire Control District • Advisory board Parks and Recreation Advisory Board 1989: Citizens Advisory Task Force Collier County Code Enforcement Board Golden Gate Parkway Beautification Advisory Committee Collier County Planning Commission 1990: Marco Island Beautification Advisory Committee Ochopee Fire Control District Advisory Committee Natural Resources Advisory Council (EAC /WWAB) Public Vehicle Advisory Committee Immokalee Airport Advisory Board (f) All Boards created after the effective data of this t Ordinance shall be reviewed once every four (4) years thereafter. SECTION TENS CONFLICT AND SEVERABILITY. �y 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 f Ordinance is held invalid or unconstitutional by mar 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 ELEVENS EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary. of State that this Ordinance has been filed .:y with the Secretary of Stats. MY ADOPTED by the Board of County Commissioners of Cq l4 outtt�(L;d,Florida, this r Lth day of A"ga„tt uric BOARD OF COUNTY COlII(ISSIONM r :rya CO R OVNTY FLOR t ` Virg ls�t�.�.. By1 rN :. Approved as to form and dMOnce Rk4 wkh legal sufficiency: a Seewa,y °f f S' /d`11 day o(�[IQ At"-sows- and ock w ledp* M+mt Bruce ers fdl rxtwd �. Assistant County Attorney ° • o.r� �LGeouo goat nq4PS�! Kw 1C e STATE O£ FLORI DA COUNTY OF COLLIER I, JAMS C. GILES, Clerk of COuits in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is* •a true original of ORDINANCE NO. 86 -41 ttat was adopted by the Board of County Commissioners during Regular Session on the Sth day of August, 1986. WITNESS any hand and'the official seal of the Board of County Comissioners•of Collier County, Florida, this 6th day of „1 August, 1986. r. . t 0 `. JAMES C. GILES, CLERK Clerk of Courts and Clark Ex- officio to the Board of County Comissioners .r';d tii Sys tm 024 91 7 i611-C ORDINANCE NO. 92- .�4Q._ Ax canZNANCZ CREATING TZ,Z XXX03=2Z BZAUTITUMTI0 r. NUNZCIP7►t. sZRVIC= TAXING UNIT IN COLLIER. COUNTY, FORIDAPI PROVIDING AUTZORITY; PROVIDING UNIT BOUNDARIES; Vneft=M f You TZZ GOYZRNINQ BODY 07 TBZ UNIT, VOWZRS AND aiXis ; PROVIDING PVRPOS! OP T82 UNIT; PROVIDING 701 S Z$ED.> BUDGET AND KILLAGZ RATE AND COLLECTION OF TAXES; P R DINO1 M FOR ADVISORY COMaTTZZ, DUTIES AND RESPONSIBIECTIES4 0 PROVIDING FOR CON7LICT, BEVERABILITY AND EFFECTIVE Dyrz. x Til ,y WHEREAS, the Board Of County Commissioners on October 25, 1977, adopted Collier County Ordinance No. 77 -52, creating the Immokalee i- Sighting and Beautitication Municipal Service Taxing District for the purpose of providing street lighting and bsautifieation within the Unit; and X.: WHEREAS, the Board of County Commissioners, on September 23, V'1966, adopted Collier County Ordinance No. 86 -65, 'creating the ` Immokalee Lighting and Beautification District Advisory Committee, providing for functions, powers and duties of the Committee; and WHEREAS, The Board of County Commissioners on January 23, 1990 adopted Collier County Ordinance No. 90 -8, revising the membership of l.' the Immokalee Lighting and Beautification Advisory Committee from seven members to five members; and f' WHEREAS, the Board of County Commissioners on February 27, 1990 ;:' adopted Collier County Ordinance No. 90 -19, revising Section Five of Ordinance No. 77 -52 by providing for and further defining the purpose of the Immokalee Lighting and Beautification District; and ? WHEREAS, on February 20, 1990, the Immokalee Lighting and Beautification Advisory Committee had met and approved a motion to V, recommend to the Board of County Commissioners that Collier County ?' Ordinance No. 77 -52 be modified so.as to separate the Lighting District from the Beautification District, thereby making both Districts separate, but having identical district boundaries and retain the current Advisory Committee composition and make -up only for the Beautification District, and the Board having heard said recommendation. NOW, THEREFORE, BE IT ORDAINED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: boot r53 plu -105 - 1 - THE BOARD OF COUNTY / R OP PA ��aS4EZLi 1611 -C =ON ONE. AUTHORITY 'l &C- Okdinanbe•ib enacted pUtsuant to the authority granted to j Board-0t County commisisioners ''of Collier County, Florida under spti!jrlj5 or:the=Florida•_•StatUtss:T- MORRMT.1" THMOKALEE BEAUTIYICAT =ON MUNICIPAL. SERVICE TAXING UNTT ..... . . -CREATED SERVICE There is hereby created the Immokales Beautification Municipal rviee Taxing Unit (hereinafter referred to as the "Unit). ACTION THREE. BOUNDARIES The boundaries of the Unit shall comprise all that land located i Collier County, Florida, and specifically described as: The South 1/2 of the South 1/2 of Section 29; the South 1/2 of the Southeast 1/4 of Section 30; the Northeast 1/4 of Section 31; all of Section 32; all of Section 33; the Southwest 1/4 of Section 34; and the South 1/2 of the Southwest 1/4 of Section 2ar all in Township 46 South, Range 29 East. The Southeast 1/4 of Section 3; the Hest 1/2 of Section 3; all of Section 4; the Northeast 1/4 of Section 5; the North 1/2 of the Northwest 1/4 of Section 5; the East 1/2 of Section 9; and the Southwest 1/4 of the Northeast 1/4 of Section 11; all in Township 47 South, Range 29 East. ECTrO {_per. GOVERMTHQ BOAR . POWERS hNn.. DUTY The governing body of the Unit shall be the Board of County omaissianers of Collier County, Florida with the power and duty, to onduct the affairs of the Unit as prescribed by Florida Statutes. ECTION FIVE. fig,. The Unit hereby established is for the purpose of doing all hinge reasonably necessary in connection with landscape eautification, including providing for pavement, curb and idewalk modifications, installation of irrigation facilities, asociated landscaping improvements and maintenance thereof, as ermitted by the responsible governmental agency for that portion of be road rights -of -way of SR 29 and CR 846 (South ist Street) which gas■ through the commercial /business areas in Immokalee, and certain ether public areas as may be recommended by the Advisory Committee ind /or determined by the Board of County Commissioners. ION n•)`, PAGE 306 - 2 - 1611 "C f BECTION SIX, ITEMS?ED BUDGET AHD MTI,LAGE RATE lor. the purpose of implementing this ordinance the Board of County Commissioners shall annually, at the time required by general law, make an itemized estimate of the amount of money required to p*rform_...the buAinosa _of -the Unit. for the next fiscal year, which shall be from October 1, to and including September 30 following. .: The estimate shall provide the purpose for which the monies are required and the amount necessary to be raised by taxation within the Unit. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation a millage sufficient to most the purposes and obligations of the Uniti provided, however, the total millage shall not exceed one (1) mill. BECTIQN BE17EN, CDLT.tCfION 01P TA= Taxes herein provided for shall be assessed and collected in the seas manner and form as provided for the assessmont and collection of general. County taxes and subject to the same fees for assessing and collecting as general County taxes. �•„ AECTION EIGHT, ADVISORY COM?iITTE ., DLrrIES AND RESPONSIBILITIES The Board of County Commissioners shall, by ordinance, designate an Advisory Committee composed of residents who are taxpayers and electors from within the Unit with advisory authority to assist in conducting the business affairs of the Unit and such other duties of P. the Unit as may be assigned from time to time by the Board of county r, Commissioners. AICTTOIJ MINE. CQNSTRUCTION AND SEVE ETL•iTY S, This ordinance shall be liberally construed to effectuate its public purpose. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or provision of this ordinance is held invalid or unconstitutional b an court of competent y y p jurisdiction, such invalidation or unconstitutionality shall be deemed a separate, Boor f153 PAu 307 - 3 - 'distinct and independent provision and shall not be so construed as P.: to render invalid or unconstitutional the remaining provisions of the Ordinance. EFFECTIVE-DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has boon filed with the Secretary of State. PASSZV AND DULY ADOPTED by the Board of County Commissioner* of Collier County,• Florida, this day of 1992. BOARD OF COUNTY COMMISSIONERS .q,ik3RaA C. Gil6s.'�41erk COLLIER COUNTY, FLORIDA in syl Michael .7. Volip*, IkCha___ -A' A: .Approved as to•form and al sufficiency: •/ A %A - - — __ 9 -It all IWA119M L_ d C. 114i I%m W& wat wo f% M w Assistant Gallia County Attorney �= r's 0ft ockrww f OW fin m*hvd day P."ft PAM I fact (1.53wz3.09 — 4 — rATZ OF FLORIDA ) OUNTy OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the wentieth Judicial Circuit, Collier County, Florida, do ereby certify that the foregoing Is a true Copy of: Ordinance no. 92 -40 hich was adopted by the Board of County Coaalsaioners on he 9th day of June, 1992, during Regular Session. WITNESS ay hand and the official seal of the Board of :ounty Commissioners of Collier County, Florida, this 10th ay of June, 1992. JAMES C. OILES Clerk of Courts and Clark,=. . Ex- officio to Hoard of i County commis eloner By: /s /Maureen` Kenyon Deputy Clerk Boar M3 PAGE 309 '.,APR-16-2003 08:47 REM OF ARCHIVES j µ Y g��$� � prr�d b d��97 aIaa.dZ �a14� y er n P F. K e n �• a -•• 9 a g^ P P. CL gi '* tzx r► N cn Uf d bd gip S boo & a S �. rr R P �* emv 4 11 rr g d ' r � •* E cr LL � • `' Ib O r 12 m �ro•CP .t�r.. 161 1"C 850 488 4894 P.02 A D �• Aara►.gH po M O° P rr '04 p1 p� M jrY'g p IQ ter va 15: hd jp� r !R7 one• �,Y �+ �i �J �ypgq a p .q P �+}eC� r . .y N b e ILW� tiff rj . I m .�. C rd Y Id wo cr FL IP �µ eMM ttl��• � g � �� a � g� ��,� � p iw. R r P b $' EL 14, gr +$ IL s apt °,d o µ� O er r Q p o ro gr t'.�iv o �• a �� ta � �vv Q ��• R w �o+ �.. pp Gppa VI O •a D ° "• •C O• p b iP►. oo 'f �}. n m C' 611 APR -16- 2003 08:47 i 'EAU OF RRCH[VES 850 488 4894 P.03 97 '� ►. ^� py w a F+ yyp • C M �Oy yV p ®I „ � bg w t $ �j '• ^ w" `. a `•. �j'� \!w •St q '�' �y F`�•. ii i1. 41. �`.••� w y pf ♦ H � � '� y �' , g• �i' ,� � +�r�i• C � r' ro kd o°% o• � �FjAy � j�g$1+ � � p � � � � � �Qy+ �i+77 L'. e � � �, y � b �j S. °�. ' � tat � dR C g � C � � � � � � ^ • g' � G , �_� �*' � R0.. • O a. � i � i- Q, �1 ,,,� �p O0. C n � �C r p� � Fi' c ��w k� � e R�`a L� S% 1T�� y �Qj �p wy �•r a 7�°` M.6R e1 :� rp! H r� +' � sp O F. •� � p � � r �( S w �. 0 ti� 1i 4' *'$ .gLPPrww �p rt �.y� �`pRp b'SR' •'�i.� `� �, sty � .� 1 �� R $r � ^� v V C yy � ~•e �p4yt � LQ g _ ii•• v ii*- R w '� S � �=r` °_ti a ��g �� p ��b Y,� p• qtl � n M''pD 8Y � �~ w • 'ta¢•!_ gyy�. -� �'PO p� R•� � � s � ��F � a ��W� p ^� C F d Fr i4�C� n M `g$[ V y 5 R e O cl 4r 4, . ! I ?. . , - , as boa 4 iL • P ii S� s ,0 yts 965 At�js�t Q r gt KIP rd Joe CD IL r 64, ti 6 f� �p P cT Q, C1 � it '7+ � °• R � �+ a 3 �,�' R � g u� � � p G � � � w 4! � � �* �, � w � � iA 6p^a„ ��H33 v $ et..�. .w�` �• $j O C. ib a YY � A G � ee �' w ••• �, Ir rA rA WD td M ai aki ab (y a�py, �•CL ft ,"„ ca 14 pzp�� °j -d 03 a W� s° S`w .�•' y A t'i `"• °� F *��+rpay g" C� `� o, "sar�'p$p.+l r 'f o. � � r p� o `,'t��• � � Z° � � �' ° +t q [�J cr „K" 5 Q��gg•tr A �� m w w �'+ ^i t 1 � � O o A rA (O O (o A Q" A N � � O 'y Gl F.l� A � � y H M� N to O � CQJI CD 0 ID N N V V N N V V N N V V N N V V N N V V N N V V N N V V N N V V N N V V N N V V as N N V V 8 N N V V -4 O O O O O O O O N W W N N W W N N W W N N W W N N W W N N W W N N W W N N W W N N W W N N W W N N W W N N W W r" rZl 1 x awi �i (O (O f0 (iS mm N W 18- O TOVi W_ W_ (Q7(U.P N RR' A.AA W T O AA.P 01 W pA� WP�A W WO TwT Of (O�f Of W nrn O Z .P N N V W``( S W W j j A A W ,A (O �A. (� u� A (O A °w D C 082525 SS8o SSoS ogi'o�om�8�8888(7S(�o8 me A rn M _ z Z -G)0 Do -� +�xx T mm <n(nU) -0 Z x �- mz wool cc. vv �'S n� p np -4m x�x rpvM _{ 0-1 mx- Xgo zr� �cn CK- -r N�D�rO�d -imv m nO- � 10F °- nm z 3 v�rn� D<) ° Tm ;i?i0�x mm ;MD OZ G)G)Z mm(n MM 00 m�T Ar_ zmzi°n_cx-�yn� A O�=(myx z �Mx §z -ia(mi M;u AmG)z �D OZ S.Nrn rrm nn a a'n MM « cn �'0 �� M �'{;0 « 93 -V ma2r ;u -c'� nM r W. G)nmz npT 00M O� nM co �_ Dwr °mmmm nOC 00 00 c00 p �O �� zz0 mm zz -ice m_ �m� ova 0zcn v °� m ,ZmjnOz (o �G)zmm m va-i < 5m'i�tnv0 n -zna Z -i0'9z - w��OZ �(n �C O n T aR v0 mmA z z X� mc)c) x x m m (nmc TT m z m- (nm A z w m Wn� z a m w -i m m-( z m* D 0 rz z_ m iznwa� a D �m r 0�� CDZ - �-�0 AAO >0 - Ax °v ��z tnv>n G�L� mm G�nm w - p3 v z r a 3myAm �z m G)az�mcn U) r, 3 �(nz -c° z m T ---11 ;m Z_4 mmz-�'( 00(nrz a- mm w �w �-(� O zz mm c° Tc -oU)w(n -� G) r u) r0 m mrw U) c (o a �mc -(Omm sy 00"� «MOT mmccz G) pSDC� �y(n �� rr �QD(n TA �� <� 9 m v X� nSAD3(nm F ��n�c) < {1�m >00 �� y F'^ $ rn N =M m(� z z mz Wi=n m0 4(nZC -.� Oi'� Nj 3� m �� y my -pQ(�� 3mai0a fA SI CXpQZ Tm- m T '3 i ( m V CD 1 CD Z m �'1° P m 3 A C ttv W N G) mm -zi T 2 �I'3 z S � v v wa m ',.. o m (n =0 m Qo g x �• y CD < y tiJ I I j y (n m CD 3 m K + + + wggV as A 'PC�Cwf a 'S 0000g w o0 8258 jdi@ 8 crn� og oog caw(� o000000$250000000800 QoQ �Mm n SSSSS SS 91 888 $ SS $885888$888888$888881, ° w 0 c N r 3 O N 0 N A'' W0000000000 S rnO O A 00000 Q 000 + 000 00000000 S S S M S (AO I V S S N S 8 S SSS S S O S S S S 8 8 8 S S S �► + N D It's- SSS 8(AO SS N SSSSSSSS giSHH$HHSHSS 000O00 0 o m v 0 D� M z v m o 00000 00 o Ooo 0 0 o0000000000000000000000CAZO 8 88888 88 888 S 8 $8888888888888888888888 -4 �ic << 3 + + ( '' $2525 # om �'o g V aM -1 r rn S 0000ZS 08888 00 SS 3 LR HSH +� S(AO oo�00000ao, SSN SSSH8HS pWp�OOOOOOOoo�I,y'ry OSH SHHHSHHS o m a c m (4 gooN °q m Q $ 0 0 88888 0 0 0 O O S S Q $ 000 S S S �p (Oi� N W H H OO m H W pppp H OOOOO H H H H AOOO000000(011 8 0 H H H H H H H H H o iP O O % d � N 101 �O � 00000 00 � �D Oq N (JOi Od 00 � 00 +00000 � t°N a 89 a( g� HH(`SH8�8HHH8S88ao$$H$$$(°o W C (A e t 0 �(pp V cV » V X 8 00 N w 800 SA Opwf N 7 m m 0 Q m M_3 S S S S C O V S + S W H S H S S A 0000 S S S S o � S O 00�+000000 S S O D S S S S S S S 1 � � O o A rA (O O (o A Q" A N � � O 'y Gl F.l� A � � y H M� N to O � CQJI C) r I , Aw r« CD 0 G) CD QO D cn 0 i� 0 0 to Q W A. o co 0 m CD m m m a 0 � 01 �i 'D i svi I , Aw r« CD 0 G) CD QO D cn 0 i� 0 0 to Q O A. o co 0 m CD m m m O. � 01 �i 'D i svi N � co cn Q° rn c y (n CA cn 0 0 0 0 C/) N s W 0 1 m < 0 0 0 0 0 0 0 0 Q j W i 3 co O 3 3 3 � l i B 3 CO 0 3 i co co O c~'n O co I cn O m co O to CD lA N N CA fl ,:*41 4A f_fl ul i O O I , Aw r« CD 0 G) CD QO D cn 0 to Q cn � 0 0 0 0 as G) ? G) G) G) o m CD m m m Qo cQ 90 S?o 90 lea N EA 69 N D D D D -CA IM Q° rn c y (n CA cn 0 0 0 0 C/) N s W 0 1 m CD 0 0 0 0 0 0 0 0 Q j W W p go co O 3 3 3 .A W A m_r�, co cn Om B 3 CO 0 C Ah — m m m m m co co O O O O co I cn O m co O to CD lA N N CA fl I , Aw r« CD 0 G) CD QO D cn 0 to Q �, tU LT � 0 0 0 0 as G) ? G) G) G) o m CD m m m Qo cQ 90 S?o 90 lea N EA 69 N D D D D -CA IM to tJl N Oo N N c y (n CA cn 0 0 0 0 N N s W 0 0 0 0 0 CD I , Aw r« CD 0 G) CD QO D cn 0 1 IN cn O cri (D � n L o n CD a CD CD �i O X" �D <D W M. n 0 Cl) C W lea N EA 69 4A 69 40 -CA IM to tJl N Oo N N N N s W 0 0 A O- O O- W W W p go co O O N .A W A m_r�, co co Om to CO 0 C Ah NON -4 N mm co co O O O O co I cn O m co O to CD 1 IN cn O cri (D � n L o n CD a CD CD �i O X" �D <D W M. n 0 Cl) C M m G m z c m i A i w w W 0) a) OD 00 O n m n 0 0 -4-4 0 z 0 0-4 CA N N) 07 00 N O O W w O O W m OD Oo O 0> O O W O O w n W N CD N" w W N . . . p m 0 0 0 W O N O w -d O mo - �OOOOOOOOO DmDm_m --qM< XDxKKm- Vmi�.Z�1 <-i <CCm0 1mm -n :; nMXX CKWZ 0m0ww-�mm -q-i xcnxmm'i?Z_cno D z z z x D D pip- I-I0<m r m -nm00D� 0 z�mXXmOcmn m m C: z -{ C) X� < D m m D O z �? m - may m mo m ;aX x c -� z n m -n n Om 9: mm z z C X �O m z ^' m Cl) rn a p w °p mrnao 00 N� O 0 0 00 0 C< I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j O O O O O O O O O TT M N °o < OD CJi " - A ;o N 0D 0 0 W N (m) O O O CTi CD -� N O CA C5 O O O N O O 00 0o -i O O O Ui CD -d CO W U7 0 0 n O co Qr ro v o LIN t0 N o � c� Sue Filson Executive Manager NOTICE OF MEETING & AGENDA 1611 C COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) MONDAY, NOVEMBER 7, 2005 at 9:00 A.M. Collier County Government Center Administration Bldg. F , 3rd Floor 3301 East Tamiami Trail Naples, FL 34112 NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Colleen Greene at (239) 774 -8400 or Lillian Amador at (239) 774 -8924. ** 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, FL 34112, (239) 774 -8380. ** Public continents will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2004 -05, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. WORKSHOP AGENDA I. 9:00 A.M. Workshop Called to Order 11. The Board of County Commissioners and the HAAB plan to discuss and explore the HAAB's functions, powers, and duties pursuant to the County Ordinance. (Ord. No. 91- 37, et. seq.) M. Workshop Adjourns -End- Mi>sC. Cotr Date: t �s: 5 lt)-5 Item tea: 1611 C 8 DIVISION 7. HISPANIC AFFAIRS ADVISORY BOARD* *Cross references: Human rights, ch. 70. Sec. 2-926. Created. The Hispanic affairs advisory board (hereinafter referred to as the "board ") is hereby created. (Ord. No. 91 -37, § 1) Sec. 2 -927. Appointment and composition. (a) The Hispanic affairs advisory board shall be composed of nine members appointed by resolution of the board of county commissioners. (b) Members of the board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be permanent residents and electors of the county. (c) Appointment of members to the board shall be by resolution of the board of county commissioners, which resolution shall set forth the date of appointment and the term of office. (Ord. No. 91 -37, § 2; Ord. No. 91 -78, § 1) Sec. 2 -928. Terms of office. (a) The initial terms of office of the Hispanic affairs advisory board members shall be as follows: (1) Three members shall serve for two years. (2) Three members shall serve for three years. (3) Three members shall serve for four years. (b) Thereafter, each appointment or reappointment shall be for a term of four years. A member of the board may be reappointed by the board of county commissioners for one successive term. However, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the board shall be for the remainder of the unexpired term of office. (Ord. No. 91 -37, § 3; Ord. No. 91 -78, § 2) Sec. 2 -929. Removal from office; failure to attend meetings. (a) Any member of the Hispanic affairs advisory board may be removed from office, with or without cause, by a majority vote of the board of county commissioners. 1611 C s (b) If any member of the board fails to attend two consecutive board meetings without a satisfactory excuse or if a member is absent from more than one -half of the board's meetings in a given fiscal year, the board shall declare the member's seat to be vacant and the vacancy shall be filled by the board of county commissioners. (Ord. No. 91 -37, § 4) Sec. 2 -930. Officers; quorum; rules of procedure. (a) Annually the membership of the Hispanic affairs advisory board shall elect a chairman and vice - chairman from among the members. Officers' terms shall be for one year with eligibility for reelection. (b) The presence of five or more members shall constitute a quorum necessary to take action and transact business. In addition, an affirmative vote of five or more members shall be necessary in order to take official action, regardless of whether five or more members are present at the meeting. (c) The board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all board minutes, resolutions, reports, and exhibits shall be submitted to the board of county commissioners. (d) All board meetings shall be open to the public. (Ord. No. 91 -37, § 5; Ord. No. 91 -78, § 3) Sec. 2 -931. Reimbursement of expenses. Members of the Hispanic affairs advisory board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. (Ord. No. 91 -37, § 6) Sec. 2 -932. Functions, powers and duties. The functions, powers and duties of the Hispanic affairs advisory board shall be as follows: (1) The board shall identify and evaluate problems unique to the Hispanic community. (2) The board shall review and recommend ways to ensure open communication between minorities and the county government to help promote and foster better understanding by the county of the problems facing the minority population. (3) The board shall provide periodic reports directly to the board of county commissioners for review. (4) The board may and is encouraged to have joint meetings with the Black affairs advisory board when deemed necessary to evaluate problems common to both the Hispanic and Black communities. 1611 -C (Ord. No. 91 -37, § 7) Sec. 2 -933. Duties of county administrator. The duties of the county administrator and his designees shall be to serve as staff advisers and advise the Hispanic affairs advisory board on county procedures and provide technical support. (Ord. No. 91 -37, § 8) Sec. 2 -934. Review process. This Hispanic affairs advisory board shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in division 2 of this article. (Ord. No. 91 -37, § 9) Sees. 2-935--2-945. Reserved. 16K5 MEMORANDUM Date: November 30, 2005 To: Mike Pettit, Chief Asst. County Attorney Office of the County Attorney From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Release Collier County Commissioners and Wright Construction Corp. Enclosed please find three originals of the document, as referenced above, (Agenda Item #16K5) approved by the Board of County Commissioners on Tuesday, November 15, 2005. Per your request, one original has been forwarded to the Official Records Department for recording. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosure ORTOIACCOMPPANY ALL ORIGINALKDOCUMENTS SENT TOLIP 16K5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper_ Attach to original document. Orisinal documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) p �, .' �,i rep..• f `_' (Initial) l . Original document has been signed/initiated for legal sufficiency. (All documents to be Agenda Item Number / �/ -- or�e�, Q-A �_��e� c� l � v'�[ G_4 signed by the Chairman, with the exception of most letters, must be reviewed and signed 2. Type of Document 1 J L4 C' t JT`�'YjA _ 3. Number of Original / ` "( Attached V Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC e Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's f 5. Sue Filson, Executive Manager Board of County Commissioners J 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff M (t)Z Phone Number N/A (Not Contact appropri ate. (Initial) Agenda Date Item was Original document has been signed/initiated for legal sufficiency. (All documents to be Agenda Item Number / �/ Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed t'`< Type of Document 1 J L4 C' t JT`�'YjA _ Number of Original / ` "( Attached V Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropri ate. (Initial) Applicable) 1. Original document has been signed/initiated for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC i} Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's f Office and all other parties except the BCC Chairman and the Clerk to the Board J 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. L 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS original 9.03.04, Revised 1.26.05, Revised 2.24.05 16K5 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ( "Agreement and Release ") is made and entered into this 15th day of November. 2005 by and between the Board of County Commissioners of Collier County, Florida, (the "County ") and Wright Construction Corp.. (the "Contractor "). WITNESSETH WHEREAS, bids for Contract 03 -3442 for what is sometimes referred to or known as the "NCWRF Deep Injection Well Pump Station" were opened on October 21, 2002: WHEREAS, the Contractor tendered a bid of $4,740,000.00, which included the Sum of $200,000.00 as a contingency allowance for unforeseen conditions during construction, and the sum of $23,000.00 as a fee allowance for electrical service, for Contract 03 -3442 and was the apparent lowest, qualified and responsive bidder; WHEREAS, on December 17, 2002, the County awarded the work under Contract 03 -3442 to the Contractor; WHEREAS, the Contractor claims among other things it was impacted by unforeseen conditions, circumstances beyond its control and other items before and during the project, and on August 4, 2005, filed an arbitration demand for $14,478.15 that had previously been deducted by the County from final payment to the Contractor. WHEREAS, the County disputes that the Contractor is entitled to such a payment; 16K5 WHEREAS, the County and the Contractor without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigating these issues and now desire to fully and finally resolve this dispute; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, the County and the Contractor mutually agree to the following: 1. The County and the Contractor agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses" by reference into this Agreement and Release. 2. The County agrees: (a) To pay the Contractor $8,000.00 on Contract 03 -3442. 3. The Contractor agrees to and hereby does: (a) Waive and release any claim it contends it may have for compensation that is connected to or refers or relates in any way whatsoever to the matters asserted in its arbitration demand or to any other event or circumstance referring or relating in any way whatsoever to Contract 03 -3442 or the NCWRF Deep Injection Well Pump Station project through the effective date of this Agreement and Release. (b) Waive and release without limitation any and all other claims it may have under or relating to Contract 03 -3442 which may now exist or may have arisen through the effective date of this Agreement and Release, whether now known or unknown and regardless of nature or kind. 4. The County and the Contractor agree that this Agreement and Release shall become one of the Contract Documents under Contract 03 -3442 for the NCWRF Deep Injection Well Pump Station project and shall operate to supercede and replace any 1) 16K5 and all prior agreements and understandings with respect to the specific issues and disputes governed by this Agreement and Release. 5. The County and Contractor hereby acknowledge and agree that this Agreement and Release shall only modify their respective rights, prerogatives, obligations and liabilities under Contract 03 -3442 to the extent specifically and expressly stated herein, and that all such rights, prerogatives, obligations and liabilities otherwise remain fully intact and are hereby preserved, including, without limitation, the County's contractual warranty rights and any rights the County may have now or in the future to seek recovery for any defective work/latent defects in the work performed by Contractor. 6. This Agreement and Release shall be governed by the laws of the State of Florida. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. This Agreement and Release is freely and voluntarily executed by the County and the Contractor after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, the County and the Contractor do not rely on any inducements, promises, or representations other than the promises or representations set forth in this Agreement and Release. In this regard, the County and the Contractor acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement and Release is to be construed against any party either based upon a claim 3 16K5 that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 9. The effective date of this Agreement and Release shall be the date upon which it is approved by the Board of County Commissioners of Collier County, Florida, as the Ex- Officio the Governing Board of the Collier County Water -Sewer District. 10. The County and Contractor acknowledge and assume the risk that additional, different or contrary facts to the facts which they believe exist may now exist or may be discovered after this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. IN WITNESS WHEREOF, the County and the Contractor have executed this Agreement and Release as evidenced in the following signature blocks: ATTEST: Dwight E. Brock, CLERK BJEPUTY CLER ttest. as ;to- airman' s signature only WITNESSES: ) Wf", it Printed Name �►� Po V_C_1Ja- Printed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND BOARD AS EX- OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: W Fred W. Coyle, CHAIRMA WRIGHT CONSTRUCTION CORP. By: e4 1/Q NAME AND 7LE 4 Approved as to legal form and sufficiency: Michael W. Pettit Chief Assistant County Attorney 14)K5 Item # Agenda Date Recd, ` COLLIER COUNTY FLORIDA °'� REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r To: Clerk to the Board: Please place the following as a: Normal legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm. Dev. Serv./Plann ing Person: lijl�f— Date: L Petition No. (If none, give brief description): SE -05 -AR -8020 Petitioner: (Name & Address): Michael DeRuntz, AICP, Dept. of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Fla. 34104 Name & Address of any person(s) to be notified by Clerk's Office: i Hearing before BCC BZA X Requested Hearing date: October 25, 2005 Other Mr. Mario Valle, President Golden Gate Estates Area Civic Assoc. 961 Murcott Drive Naples, Florida 34120 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size) A Resolution of the Board of Zoning Appeals amending Resolution Number 05 -261 that granted conditional use approval for the Florida Homes Model Center Extension to correct a Scrivener's Error in the Legal Description. Does Petition Fee include advertising cost? XX Yes ❑ No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: A44-1 C ivision Head Date Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received:q—[(O Date of Public hearing: 5 Date Advertised: V) . !. 17A RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING RESOLUTION NUMBER 05- 261 THAT GRANTED CONDITIONAL USE APPROVAL FOR THE FLORIDA HOMES MODEL CENTER EXTENSION, TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution No. 05- 261, approving a Conditional Use for the Florida Homes Model Center extension, on June 28, 2005,and; WHEREAS, following said action adopting Resolution Number. 05 -261, staff determined that the legal description attached to the Resolution did not contain a provision that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE LEGAL DESCRIPTION The legal description described in Resolution Number 05 -261, is hereby amended to correct a scrivener's error by amending said section to read as follows: Tract 118, Golden Gate Estates, Unit 25 26, according to the plat thereof recorded in Plat Book 7, Page 15, of the public records of Collier County, Florida, more particularly described as 12815 and 12825 Collier Boulevard, BE IT RESOLVED that this Resolution relating to Petition Number SE -2005- AR -8020 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marj 'e M. Student - Stirling Assistant County Attorney sE- 2005- AR- 8020/MD/sp 2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Words st3� are deleted; words underlined are added. Page I of 1 E. 17A September 19, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE -05 -AR -8020 — For the Florida Homes Model Center Extension Dear Legals: Please advertise the above referenced petition on Sunday, October 9, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. Account # 113 - 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE k1p 17 Notice is hereby given that on Tuesday, October 25, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: A Resolution of the Board of Zoning Appeals amending Resolution Number 2005 -261 that granted conditional use approval for the Florida Homes Model Center Extension to correct a Scrivener's Error in the Legal Description. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Cajun. -of- Collier �Tk. CLERK OF TIC CAF T:TTT Dwight E. Brock COLLIER COUNTY C Clerk of Courts 3301 TAMIAMI T� . P.O. BOX 41+: NAPLES, FLORIDA September 19, 2005 Mr. Mario Valle, President Golden Gate Estates Area Civic Assoc. 961 Murcott Drive Naples, Florida 34120 C COURT 17A 344 E1101 -30 4 1� Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition SE -05 -AR -8020 / Florida Homes Model Center Extension Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, dIGHT E. BROCK, CLERK Q. zc a i R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collie rclerknclerk.collier.fl.us Heidi R. Rockhold 1 0 17 A From: Heidi R. Rockhold Sent: Monday, September 19, 2005 2:15 PM To: 'legals @naplesnews.com' Subject: SE- 2005 -AR -8020, For the Florida Homes Model Center Extension Attachments: SE- 05- AR- 8020.doc; SE- 2005- AR- 8020.dot Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005. 1� � 5E- 05- AR- 8020.doc SE- 2005- AR- 8020.d (30 KB) of (28 KB) If you have any questions, please call. Thank you. Heidi R. Rockhold, Minutes and Records Department 239-774-8411 ( heidi.rockhold(a,)clerk.collier fl.us) Heidi Rockhold Heidi R. Rockhold 17 A From: ClerkPostmaster Sent: Monday, September 19, 2005 2:15 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT1109901.txt; SE- 2005 -AR -8020, For the Florida Homes Model Center Extension ATT1109901.bct SE- 2005 -AR -8020, (231 B) For the Rod... This is an automatically generated Deliver)% ASYtatais Notification. Your nwssat,e has been s'uc c.essfidly relayed to the following; recipients, but the °eclw-sted deliver y status notifac°ations inay not he generated by, the destination. le�xjils(�r,rtaplesnews. coin Heidi Rockhold Heidi R. Rockhold 7 A From: System Administrator [postmaster @naplesnews.com] Sent: Monday, September 19, 2005 2:16 PM To: Heidi R. Rockhold Subject: Delivered: SE- 2005 -AR -8020, For the Florida Homes Model Center Extension Attachments: SE- 2005 -AR -8020, For the Florida Homes Model Center Extension LLJ SE- 2005 -AR -8020, For the Flori.,. < S "E- 2005 -AR -80 20, For the Florida Hornes Model Center Eytension>> Four rnesscr g e To: legals(a>naplesnei,vs. coin SYtrl�ject: SE-200-5-AR-8020, For the Florida I-lornes Alode�l Center Extension .Sent: Mon, 19 Sep 2005 14:15:00 -0400 tivas delivered to the firlloiving recipient(s): legals on Mon. 19 Sep 2005 14:15:33 -0400 Heidi Rockhold SE- 2005 -AR -8020, For the Florida Homes Model Center Extension Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, September 19, 2005 2:34 PM To: Heidi R. Rockhold Subject: RE: SE- 2005 -AR -8020, For the Florida Homes Model Center Extension OK - - - -- Original Message---- - From: Heidi R. Rockhold [mai Ito: Heidi. Rockhold @clerk. col I ier.fl. us] Sent: Monday, September 19, 2005 2:15 PM To: legals @naplesnews.com Subject: SE- 2005 -AR -8020, For the Florida Homes Model Center Extension L"q Is, Please advertise the above mentioned notice on Sunday, October 91 2005. «SE- 05- AR- 8020.doc>> «SE -2005 AR- 8020.dot>> If'you have any questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 (heidi.rockhold a clerk.collier flits) 9/19/2005 Page 1 of 1 . 17 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue October 9th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. / J� }f ( Signature of affiant) Sworn to and subscribed before me This October 9th, 2005 (Signature of notary public) 7 k. NOTICE OF CONSIDER ORPINAN T Notice is her ivon that on TueStalaY+ O o- der 2.5, 20 _ in _e nand The oma 00 will commence at 9: A.M. The title of the pro- notice Is as A Resol (an of the Board of no Appeals amending' - Reso Appeals Number 2005.261 that granted conditional use A roval fdt the Florida Home's Mddel Center fxTnslon %correct a ener's o Scrivr In the LeglatDescrlptlon. Copies of the proposed Ordlnano.e are on file with t" Clerk to the Board and are avaltable for I in to atten h "`iii rr NOTE: AII.� ,ppeerrgg,hs wish- ing to spealt on any be an Is utes'to speak on an Item. as to appeal a decish of the.Bo,14 will need @OARD OF (COUNTY MISSIONORS OLLIER`OUNTY, F F. W. CO* CHAIR - CIKHT. E..;6ROCK, By: tHyeldl:R. Rockhold, (SFAL3 Clerk Oct 9 1 No.1223393 Harriett Bi.,shong MYCQMMISSIOP!# DD234689 F,XPIRFS 7uiy 241 2007 10ND r11P(.1 '! A I N UPANCVINt k. NOTICE OF CONSIDER ORPINAN T Notice is her ivon that on TueStalaY+ O o- der 2.5, 20 _ in _e nand The oma 00 will commence at 9: A.M. The title of the pro- notice Is as A Resol (an of the Board of no Appeals amending' - Reso Appeals Number 2005.261 that granted conditional use A roval fdt the Florida Home's Mddel Center fxTnslon %correct a ener's o Scrivr In the LeglatDescrlptlon. Copies of the proposed Ordlnano.e are on file with t" Clerk to the Board and are avaltable for I in to atten h "`iii rr NOTE: AII.� ,ppeerrgg,hs wish- ing to spealt on any be an Is utes'to speak on an Item. as to appeal a decish of the.Bo,14 will need @OARD OF (COUNTY MISSIONORS OLLIER`OUNTY, F F. W. CO* CHAIR - CIKHT. E..;6ROCK, By: tHyeldl:R. Rockhold, (SFAL3 Clerk Oct 9 1 No.1223393 „ 17A MEMORANDUM Date: November 17, 2005 To: Michael DeRuntz, Principal Planner C.F.M., Planning Services From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005 -394 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #17A), as approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please call me at 732 -2646 ext. 7240 Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL ' j TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J• THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature draw a line thrnuah rn..r: rt I: «e i «w- .. -L u e _ - - - -- Route to Addressee(s) (List in routing order) - .... ....— T= , .- . -+, w.0 w�c me cnecKnst, ano Office torward to Sue Filson Initials line #5), Date LSandra Lea 2. CDES Administration All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 4, ' , Zoniniz and Land Dev. Review 3. Agenda Date Item was November 15, 2005 Agenda Item Number The document was approved by the BCC on November 15, 2005 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if applicable. 4. Approved by the BCC i j� 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Michael J. DeRuntz, C.F.M., Phone Number 403 -2416 Contact Principal Planner, 2. 3. 4. 5. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 4, ' , Zoniniz and Land Dev. Review Agenda Date Item was November 15, 2005 Agenda Item Number The document was approved by the BCC on November 15, 2005 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if applicable. 17A /,a Approved by the BCC i j� Type of Document SE Resolution (AR -8020) Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST 1. Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) Yes (Initial) " ° N/A (Not Applicable) 2. 3. 4. 5. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 4, ' , 6. The document was approved by the BCC on November 15, 2005 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if applicable. % 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 V; 17N RESOLUTION NO. 05- Aa A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING RESOLUTION NUMBER 05- 261 THAT GRANTED CONDITIONAL USE APPROVAL FOR THE FLORIDA HOMES MODEL CENTER EXTENSION, TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution No. 05- 261, approving a Conditional Use for the Florida Homes Model Center extension, on June 28, 2005, and; WHEREAS, following said action adopting Resolution Number. 05 -261, staff determined that the legal description attached to the Resolution did not contain a provision that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE LEGAL DESCRIPTION The legal description described in Resolution Number 05 -261, is hereby amended to correct a scrivener's error by amending said section to read as follows: Tract 118, Golden Gate Estates, Unit 25 26, according to the plat thereof recorded in Plat Book 7, Page 15, of the public records of Collier County, Florida, more particularly described as 12815 and 12825 Collier Boulevard, BE IT RESOLVED that this Resolution relating to Petition Number SE -2005- AR -8020 be recorded in the minutes of this Board. This Resolution ado ted after motion, second and majority vote. Done this day of / o ll c-r,' bey , 2005. ATTEST: BOARD OF ZONING APPEALS DWIGI ,JX.. f, OCK, CLERK COLLIER COUNTY, FLORIDA �.. Irs . BY: ' FRED W. COYLE, CHAI AN y tt t >f r7dp ' S 4".1.cs� .,Q ,cti ` g��t i Q Mar ie M. Student- Stirling Assistant County Attorney S E- 2005- AR- 8020/MD /sp Words stnisk thr-ough are deleted; words underlined are added. Page 1 of 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT It W THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGaA718 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through 94.. complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. SANDRA LEA COMMUNITY DEVELOPMENT (Initial) Applicable) 2. XXXXXXX O Agenda Item Number 17 _ 3. XXXXXXX / 4. XXXXXXX. RESOLU11ON Number of Original 1 (3 PAGES) 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff RICK GRIGG Phone Number 659-5731 Contact appropriate. (Initial) Applicable) Agenda Date Item was O Agenda Item Number 17 _ Approved by the BCC / Type of Document RESOLU11ON Number of Original 1 (3 PAGES) Attached (AVPLAT2005 — AR 815 1) Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from RSG contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. /✓ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sip-nature and initials are required. RSG 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awa e of our deadlines! / 6. The document was approved by the BCC on / J nter date) and all changes made during the meeting have been incorporated in t e attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 To: Clerk to the Board: Please place the following as a: �. l ✓ ✓ ✓ Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Rick Grigg 2800 North Horseshoe Dr. L +- G -G'zfZ tk:rrz p' Naples, Fl. 34104 (239) 659 - 5731 * Put name & phone number in advertisement. Date: September 21, 2005 Petition No. (If none, give brief description): AVPLAT2005- AR8151 (FLAMINGO ESTATES LOT 67 BLOCK F) Petitioner: (Name & Address): Walter C. Schultz, Jr. & Carolyn M. Schultz 765 N. Main St. Brewer, Me 04412 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Terri Lewis 4185 Kathy Lane Naples, F1 34104 (Agent) 2) See list of adjacent property owners. Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: OCTOBER 25, 2005 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓Legally Required Proposed Text: (Include legal description & common location & Size: Recommendation to approve Petition AVPLAT2005- AR8151 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 7.5 foot wide- drainage easement located along the side of Lot 67, Block F, according to the plat of "Flamingo Estates" as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 13 1-13 8327- 64903 0 Re 'ewed by: Department Director ate Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) ADJACENT PROPERTY OWNERS DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda file: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLYq Date Received: — - OSDate of Public hearing: `^5SDate Advertised: t RESOLUTION NO. 2005- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2005- AR8151 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 7.5 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE SIDE OF LOT 67, BLOCK F, ACCORDING TO THE PLAT OF "FLAMINGO ESTATES" AS RECORDED IN PLAT BOOK 10, PAGES 34 THROUGH 35, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Terri Lewis, as agent for the petititioners, Walter C. Schultz, Jr. and Carolyn M. Schultz, does hereby request the vacation of a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of "Flamingo Estates" as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of "Flamingo Estates," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 7.5 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Pagel of 2 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: JenmfPA. Belpedio Assistant County Attorney 4 day of , 2005, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I. Page 2 of 2 Fred W. Coyle, Chairman SURVEY SKETCH OF DESCRIPTION THIS IS NOT A SURVEY NOTE) BOUNDARY INFORMATION AND OTHER IMPROVEMENTS SHOWN WERE TAKEN FROM BOUNDARY SURVEY BY THIS FIRM IIATEDII -22 -2004 3 °w 1yll W G N ti q IW �o o; O Par - NV CDWR LOT 67 a` 589': FIR 5/8' -- NO 1D y� W EXHIBIT "A" SHEET 1 OF I AVPLAT2005- AR8151 DESCRIBED PARCEL LOT 68 'E, 110.50' (P) J , N.89.46 04'W 32.10' TvR COPYRIGHT 20051 F.L.A. SURVEYS CORP. Ibi, 1 7 STREET ADDRESS 930 ROSEA COURT NAPLES, FLORIDA LOT 65 — — OTE FIR 5/8' 7.5' DE Wi -25.8- M r\ 0 °o 2i 1 �J I ( 3aO� FN �, - -- ® I 4' X 4' m rrI rD 3¢ 0' EDGE fif' — I _ LEGAL DESCRIPTION : 61. 2577' (D) I / £LEC. BOX ________ ______ 717. I 75' BE Radlus= 2500 LOT 67 N io SC R ODD 257' Delta= 90.00'00' 220' N y/ PA n W COW �^ PDa 324' SIDEWALK caw LOT 66 ti N �o a S.89'52'30' 32.10' E. o I I O O SL%%E STORY O O Q ^ y N RES1D£Ixf 2 -W. Wi -25.8- M r\ 0 °o 2i 1 �J I ( 3aO� FN �, - -- ® I 4' X 4' m rrI rD 3¢ 0' EDGE fif' — I _ LEGAL DESCRIPTION : 61. Curve number 1 11.8' Ai 170' ________ ______ 73' I I o Radlus= 2500 LOT 67 N io Delta= 90.00'00' 220' ' 26,6 I N Arc= 39.27 Tangent= 2500 COW Chord = 35.36 SIDEWALK caw ti Chord Brg, N.44.52'30'W. DRIVE 0' I ^ I F7R 5/6, N.89'52'30'W. 110.70' CM) FCM BASIS OF BEARING, RIGHT Cr WAS 4' D4' -W. N.89'52'30 110.50' CP PAV£N£NL, I 340' N.89.45'38'k! 110.53' (H) ROSEA COURT 60' ROW A PORTION OF LOT 67, BLOCK F, FLAMINGO ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGES 34 -35 OF THE PUBLIC RECORDS OF COLLIER COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 67, THENCE RUN 589'52'30 E ALONG THE NORTH LINE OF SAID 67 FOR 25.77 FEET) THENCE RUN S.00'07'30'W. FOR 6.61 FEET TO THE CORNER DF A SCREENED PATIO AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, CONTINUE S.00'07'30'W FOR 0.89 FEET TO AN INTERSECTION WIT A LINE 7.5 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 671 THENCE RUN S.89'52'30'E ALONG SAID PARALLEL LINE FOR 32.10 FEET TO EDGE OF SAID SCREENED PATIO) THENCE RUN N.00'07'30 £ ALONG SAID EDGE OF SAID PATIO FOR 0.95 FEET TO THE CORNER OF SAID SCREENED PATIO) THENCE RUN N.89.46'04'W. ALONG THE EDGE OF SAID SCREENED PATIO FUR 32.10 FEET TO THE POINT OF BEGINNING N SCALE 1' = 30' � I. 0 7 19 30 60 GRAPHIC SCALE CERTIFICATION : I CERTIFY THAT THIS SKETCH WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 611317 -6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. NOTE, INSURANCE RATE MAP) IN COMPLIANCE WITH F.A,C. ' 61G17- 6.0031 (5) <E) CIF LOCATION OF EASEMENTS OR RIGHT -OF -WAY OF RECORD, BY : _l — ✓/ ��-' _ DATE c — OTHER A RED THOSE INFORMATION RECORD MUST PLA IS BE LFLANi F. DySARD, PIS #3869 CUNTON W. FINSTAD, PLS #2453 FURNISHED TO THE SURVEYOR AND MAPPER. GEORGE R RICHMOND, PLS #2406 MARY E. FINSTAD, PSM #5901 STEPHEN MACDONALD, PLS #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES, NOTE, IF APPLICABLE, FENCES SHOWN MEANDER NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL ON OR OFF LINES. (APPROX. LOCATION ONLY) SURVEY IS VAUD FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS. NOTE, PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND /OR CONSTRUCTION 6561 TAYLOR ROAD, SUITE 1 REVISIONS F.L.A. SURVEYS CORP. NAPLES, FLORIDA 34109 239 -595 -5936 FAX 598 -5939 PROFESSIONAL LAND SURVEYORS & MAPPERS -LB 6569 8359 BEACON BLVD., SUITE 117 PROJECT N0: FT. MYERS, FLORIDA 33907 DRAWN BY: 04 -12651 1 PARTY CHIEF: N/A 239- 274 -9518 FAX 274 -9519 05 -11230 Properties within 250 of 930 Rosea Court Scott A. & Meredith A. Brewer 957 Rosea Court, Naples, FL 34104 -4443 FLAMINGO ESTATES BLK F LOT 39 ✓ Janice Clare Wolfe 916 Rosea Court, Naples, FL 34104 -4483 BLK G LOT l Konnie J. Kimbrell 938 Rosea Court, Naples, FL 34104 -4483 BLK G LOT 14✓ Consuelo P. & Mahlon C. Stacy 950 Rosea Court, Naples, FL 34104 -4483 BLK G LOT 13'� Mailing Address — 2914 5h Ave NW, Rochester, MN 55901 -2332 Michael Griffin 961 Rosea Court, Naples, FL 34104 -4443 BLK F LOT 40✓ Billy Brian Savage/Lisa A. Glenn 987 Rosea Court, Naples, FL 34104 -4443 BLK F LOT 41'-/' Judith L. D'Alessandro 4404 Rosea Court, Naples, FL 34104 -4474 BLK F LOT 42v/' Andres Borroto /Susana Quesada 935 Rosea Court, Naples, FL 34104 -4437 BLK F LOT 66 k ' Vincent J. & Maria E. Mazorra 921 Rosea Court, Naples, FL 34104 -4437 BLK F LOT 65 John J. VanHise 909 Rosea Court, Naples, FL 34104 -4437 BLK F LOT 64'j David & Jackie McCausland 4409 Rosea Court, Naples, FL 34104 -4445 BLK F LOT 63 Elwood Rolph And portion of LOT 62 �✓ 4419 Rosea Court, Naples, FL 34104 -4445 BLK F LOT 62 LESS COMM AT SW CRN LOT 62N Elaine J. Cowan 4384 Robin Ave. Naples, FL 34104 -4612 BLK F LOT 3 `- Anthony D. Moscardelli TR 4352 Robin Ave. Naples, FL 34104 -4612 BLK F LOT 2✓ Kenneth D. Gardinier 842 Roseate Dr. Naples, FL 34104 -4439 BLK F LOT 1✓ Kevin & Denise Cowell 882 Roseate Dr. Naples, FL 34104 -4439 BLK F LOT 70 Paul D. & Margaret Green 900 Roseate Dr. Naples, FL 34104 -4439 BLK F LOT 69 Bernilus & Gertha Pierre- Louise 914 Roseate Dr. Naples, FL 34104 -4439 BLK F LOT 68 ✓ Reginald Oldham 986 Roseate Dr. Naples, FL 34104-4441 BLK F LOT 38 ✓ W. David & Virginia C. Nolan 1000 Roseate Dr. Naples, FL 34104 -4441 BLK F LOT 37'' Roger & Marie D. Laventure 939 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 17✓ Gary Michael & Cynthia Stolt 917 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 18 w' Nicholas DiMarino, Jr., Trust 903 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 191"' Betty J. Terwelp AND Deborah Kay Rutherford 883 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 20 ✓` Carl J. & Marlee Thome 857 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 21 -✓ (Wende Malik) Ruth K. Ullrich 955 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 16'� Brian A. & Marilyn A. Coleman 981 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 15 Eduardo Martinez/Monica Puga 999 Roseate Dr. Naples, FL 34104 -4438 BLK B LOT 14✓ Brady J. Davenport 884 Cardinal St. Naples, FL 34104 -4474 BLK B LOT 3✓ Mailing Address — 35 Arnold Road, Quincy, MA 02171 -3001 Stacey F. Schohan 904 Cardinal St. Naples, FL 34104 -4474 BLK B LOT 4 Robert R. Roloff 918 Cardinal St. Naples, FL 34104 -4474 BLK B LOT 5-' Joanne Inez Evans 940 Cardinal St. Naples, FL 34104 -4474 BLK B LOT 6 +S vooe Julie uerra 1 FT LOT 5 (OR 1682, 956 Cardinal St. Naples, FL 34104 -4474 BLK B PG 2150) LOT 7 r/ Leslye Castro 982 Cardinal St. Naples, FL 34104 -4474 BLK B LOT 81'' P D J'R EA-C7 E'lzo P F_ 1zTY (RZ 8 I E 1) 17g 17g September 21, 2005 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2005- AR8151 — Flamingo Estates Lot 67 Block F Dear Legals: Please advertise the above referenced notice on Sunday, October 9, 2005 and again on Sunday, October 16, 2005, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. /Account # 912501 17B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 25, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2005- AR8151 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of "Flamingo Estates" as recorded in Plat Book 10, Pages 34 and 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W.COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) 0411ty -of CLERK OF THt C11 Dwight E. Brock COLLIER COUNTY C 3301 TAMIAMI T>. Clerk of Courts P.O. BOX 4�' NAPLES, FLORIDA September 21, 2005 Reginald Oldham 986 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: �04,lier 178 :CUIT COURT DURTOUSE Clerk of Courts AIL EAST 1044 ,' Accountant '3� 101 -30'44 Auditor ��. Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, D IGHT R CK, CLERK acs n I de =R'ockh,old, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk C&clerk.collier.fl.us ouunty -of -Cal, ier CLERK OF THt CIRC AT Dwight E. Brock COLLIER COUNTY UR*P1 3301 TAMIAMI L EAT Clerk of Courts . P.O. BOX 411044 11\ NAPLES, FLORIDA `34 101 -304 September 21, 2005 W. David & Virginia C. Nolan 1000 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. ROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(ia clerk.collier.fl us `Cou ty -of- Collier =y CLERK OF THE CIRCUIT COURT Dwight E. Brock Clerk of Courts September 21, 2005 COLLIER COUNTY COURTl' OUSE 3301 TAMIAMI TRAIL EAST . P.O. BOX 41,1044 NAPLES, FLORIDA`3$101 -3044 1� Roger & Marie D. Laventure 939 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 17g Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DW GHT E. nD OC , CLERK Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkgderk.collier.Mus u4pty -of- Col lier CLERK OF TH8 CtI Dwight E. Brock COLLIER COUNTY C Clerk of Courts 3301 TAMIAMI T P.O. BOX 4V•., NAPLES, FLORIDA September 21, 2005 Gary Michael & Cynthia Stolt 917 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: CUIT COURT 178 L EAT vL Clerk of Courts .4 "% Accountant 101 -3644 Auditor i Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eeidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk@derk.cq11ier.fl.us County _ of- Collier CLERK OF TIFF✓ CIRCUIT COURT Dwight E. Brock Clerk of Courts September 21, 2005 COLLIER COUNTY Q0URT4PUSE 3301 TAMIAMI TAIL EAT P.O. BOX 4x'1044 NAPLES, FLORIDA 3$101 -3044 y i 1� Nicholas DiMarino, Jr. Trust 903 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: ►` 17B Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRO K, CLERK � 1- Q. ffeidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: eollierclerk&derk.collier.fl.us 'Co my -of- Collier 17 B CLERK OF THt CIRCUIT COURT Dwight E. Brock COLLIER COUNT TTIY URT4OUSE Clerk of Courts 3301 TAMIAMI L EAT Clerk of Courts . P.O. BOX 4P1044 Accountant NAPLES, FLORIDA'13101 -304 Auditor "�� . Custodian of County Funds September 21, 2005 Betty J. Terwelp Deborah Kay Rutherford 883 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. ROCK, CLERK 16�di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerknu,clerk.collier fl us 'Couhiyof- Collier CLERK OF TIFF✓ CIRCUIT COURT Dwight E. Brock COLLIER COUNTY GOURT4pU; 3301 TAMIAMI TRAIL. EAST Clerk of Courts . P.O. BOX 41`1044 ',, NAPLES, FLORIDA'3$101 -3044 i' September 21, 2005 Carl J. & Marlee Thome 857 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Ms27j4 Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. OCK, CLERK 1L61di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (a) clerk. collier. Mus 'Cau,#fY -of -Cal"her 170 CLERK OF THIt CtRC`JIT COURT Dwight E. Brock COLLIER COUNTYC�oURTf!OUSE g Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 4PI044 Accountant NAPLES, FLORIDA,30101 -30+4 Auditor dt, i Custodian of County Funds September 21, 2005 Ruth K. Ullrich 955 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. B OCK, CLERK obuta, 4�c eeidi R- Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierclerk(&clerk.collier fl us C ou -of- Collier 170 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY CsOURT4OUSE g 3301 TAMIAMI T , Clerk of Courts RAIL EAtT Clerk of Courts . P.O. BOX 4t�044 Accountant NAPLES, FLORIDA 3� 101 -3044 Auditor Y� Custodian of County Funds f September 21, 2005 Brian A. & Marilyn A. Coleman 981 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ,"Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Websitc: www.clerk.collier.Mus Email: collierclerkkderk collier Mus County -of -4 CLERK OF THt 'CtI Dwight E. Brock COLLIER COUNTY C 3301 TAMIAMI T� Clerk of Courts P.O. BOX 41+ NAPLES, FLORIDA September 21, 2005 Eduardo Martinez Monica Puga 999 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: ier 17B CUIT COURT ►URVJOUSE Clerk of Courts AIL EAT X44 `% Accountant I� 101 -3644 Auditor V, i Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BR CK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.Collier.fl.us Email: collierclerk &clerk.collier.fl.us County of- C6l11er 178 CLERK OF TIC d- RCUIT COURT Dwight E. Brock COLLIER COUNTY URT49USE g 3301 TAMIAMI TAIL EAIST Clerk of Courts Clerk of Courts . P.O. BOX 411044 Accountant NAPLES, FLORIDA,3�101 -3044 Auditor . Custodian of County Funds j September 21, 2005 Brady J. Davenport 35 Arnold Road Quincy, MA 02171 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, IGHT E. BROCK, CLERK - . D K tei ht'di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk@clerk.collier.fl.us minty -of-- Collier CLERK OF THE C11 Dwight E. Brock Clerk of Courts September 21, 2005 Brady J. Davenport 8844 Cardinal Street Naples, Florida 34104 COLLIER COUNTY C 3301 TAMIAMI T . P.O. BOX 4 NAPLES, FLORIDA Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 101 -3 17B COURT SE Clerk of Courts Accountant 4 Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, j eiIGHT E. BROCK, CLERK di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(&clerk.collier fl us Ca:u nir of- Callier CLERK OF TGIF✓ CIRCUIT COURT Dwight E. Brock Clerk of Courts September 21, 2005 Stacey F. Schohan 904 Cardinal Street Naples, Florida 34104 COLLIER COUNTY C40URT40USE 3301 TAMIAMI TRAIL EAST . P.O. BOX 4h1044 NAPLES, FLORIDA`31101 -30x}4 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 17B Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRO K, CLERK Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkna clerk.collier.fl.us Dwight E. Brock Clerk of Courts .Jty- ef-C11ier CLERK OF THE CIRCUIT COURT COLLIER COUNTY GOURTIIOUSE Clerk of Courts 3301 TAMIAMI Th A+ IL EAST P.O. BOX 4ft044 Accountant NAPLES, FLORIDA%34101 -3044 Auditor 4-, 1 Custodian of County Funds V5, Z September 21, 2005 Robert R. Roloff 918 Cardinal Street Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWI HT E. BROCK, CLERK Q. I C�-�" Loc eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkCa)clerk.collier fl us CQlunt� _ of - Collier CLERK OF THt CIRCUIT COURT Dwight E. Brock Clerk of Courts September 21, 2005 Joanne Inez Evans 940 Cardinal Street Naples, Florida 34104 COLLIER COUNTY CQURTgPUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4 X1044 1, NAPLES, FLORIDA 3,101 -30x}4 =1� Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: i Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK CLERK ,4eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkkelerk.collier.Mus Co Ifify- of- C61her CLERK OF THIt CIRCTIT COURT Dwight E. Brock Clerk of Courts September 21, 2005 Julia Uerra 956 Cardinal Street Naples, Florida 34104 COLLIER COUNTY COURT42USE 3301 TAMIAMI IL EAT P.O. BOX 4 X044 NAPLES, FLORIDA13�101 -3044 I!_. i Ms Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: iJ Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DW GHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(& clerk. collier fl us Dwight E. Brock Clerk of Courts Cuunt`y -af Collier _ rY_ CLERK OF THE CjRCIT COURT COLLIER COUNTY CO RTPMUSE 3301 TAMIAMI T> AIL EAST Clerk of Courts . P.O. BOX 41;1044 Accountant NAPLES, FLORIDA 3J101 -30x}4 Auditor "s., i Custodian of County Funds September 21, 2005 Leslye Castro 982 Cardinal Street Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK CLERK - Q �4R� 14eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk@derk.collier.fl.us Co unt - Of- C-61her CLERK OF TH1t 4RCUIT Dwight E. Brock COLLIER COUNTY URT40U 3301 TAMIAMI IL EA' T Clerk of Courts P.O. BOX 44044 NAPLES, FLORIDA\3$l01 -3d+ September 21, 2005 Michael Griffin 961 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 178 COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK jeidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (&clerk.collier.fl.us C a znty- Of- Collier 11 CLERK OF THt CIRCUIT COURT 17 B Dwight E. Brock COLLIER COUNTY gOURT40USE g 3301 TAMIAMI TRAIL EAT Clerk of Courts Clerk of Courts . P.O. BOX 41+044 Accountant NAPLES, FLORIDA,3�101 -3044 Auditor i. Custodian of County Funds i September 21, 2005 Billy Brian Savage Lisa A. Glenn 987 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK `eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www. clerk. collier.Mu s Email: collierderk@ejerk.collienfl.us 'Caunty- of- C6llier CLERK OF Mt-CIRCUIT Dwight E. Brock COLLIER COUNTY URTIOL 3301 TAMIAMI IL EA`�T Clerk of Courts P.O. BOX 4 f1044 NAPLES, FLORIDA "3 101 -3 �, September 21, 2005 Judith L. D'Alessandro 4404 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 17B COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. B D OCK, CLERK di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (aa,clerk.collier.fl.us C�ountiy- of- Collher 78 CLERK OF .z.. TIFF✓ CIRCUIT COURT Dwight E. Brock COLLIER COUNTY WURT%PUSE g 3301 TAMIAMI TRAIL, EAT Clerk of Courts Clerk of Courts . P.O. BOX 4x1:044 \ Accountant NAPLES, FLORIDA 31101 -M44 Auditor rr Custodian of County Funds t` September 21, 2005 Andres Borroto Susana Quesada 935 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �- ekW I a? eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerknclerk.collier fl.us Dwight E. Brock Clerk of Courts aunty- of- of CLERK OF THt 0 1 COLLIER COUNTY 3301 TAMIAMI T P.O. BOX 4 NAPLES, FLORIDA September 21, 2005 Vincent J. & Maria E. Mazorra 921 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 101 T COURT 178 SE Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierclerk(a,clerk.collier fl us U-ouptY -of- Collier CLERK OF TH8 CIRCUIT Dwight E. Brock COLLIER COUNTY URT 01 3301 TAMIAMI IL EAST Clerk of Courts . P.O. BOX 4 3044 NAPLES, FLORIDA"34101 -3N September 21, 2005 John J. VanHise 909 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: COURT 17B SE Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(&clerk.collier fl.us `Cant -of-( CLERK OF Tfflt Ctl Dwight E. Brock COLLIER COUNTY C Clerk of Courts 3301 TAMIAMI . P.O. BOX 0 NAPLES, FLORIDA September 21, 2005 David & Jackie McCausland 4409 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 30,her l B .CUIT COURT OURTf�OUSE Clerk of Courts AIL EAT 1044 , Accountant X31101-H44 Auditor Custodian of County Funds r Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collierAus Email: collierclerkna,clerk collier fl us a*-of--Ciallher CLERK OF THt CIRCUIT Dwight E. Brock COLLIER COUNTY URT4 3301 TAMIAMI TkAIL EA�'I Clerk of Courts P.O. BOX 41044 NAPLES, FLORIDA X34101 -* ,s f September 21, 2005 Elwood Rolph 4419 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: 17g • I 1 SE Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. OCK, CLERK iei'di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(a clerk.collier fl us g1ty -of CLERK OF THt Ctf Dwight E. Brock COLLIER COUNTY C Clerk of Courts 3301 TAMIAMI T . P.O. BOX 41�: NAPLES, FLORIDA September 21, 2005 Elaine J. Cowan 4384 Robin Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: ilher 178 TIT COURT !I APUSE Clerk of Courts L EAT .4 Accountant 101 -3044 Auditor i Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROC CLERK a - *c,l(Ad. �c idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(&clerk.collier fl us C a-u- f ©f- Collier CLERK OF THt CIRCUIT COURT Dwight E. Brock Clerk of Courts September 21, 2005 COLLIER COUNTY qOURT40USE 3301 TAMIAMI TRAIL EAT . P.O. BOX 41`1044 NAPLES, FLORIDA ",x$101 -3044 e� f: :max Anthony D. Moscardelli TR 4352 Robin Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: ' 178 Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DW GHT E. BROCK, CLERK k- - Q. ��0� �� zidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerknclerk.collier.fl.us amity - off -61her ■ ■ CLERK OF THt ORCUIT COURT Dwi ht E. Brock COLLIER COUNTY, URT�OUSE g 3301 TAMIAMI IL EAT Clerk of Courts Clerk of Courts . P.O. BOX 4 ;044 `', Accountant NAPLES, FLORIDA'14101 -3644 Auditor f. Custodian of County Funds I'v, r September 21, 2005 Kenneth D. Gardinier 842 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DW GHT E. BROCK, CLERK &-9 cck"eoe eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(iaDelerk.collier fl us - - - '-- _.- Ca�uty- of-CWher CLERK OF TIC CIRC`:IIT COURT Dwight E. Brock COLLIER COUNTY CIOURT4OU; 3301 TAMIAMI TRAIL EAT Clerk of Courts . P.O. BOX 4 1044 NAPLES, FLORIDA "34 101 -3044 J_, September 21, 2005 Kevin & Denise Cowell 882 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, D IGHT E ROCK, C LERK leidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk@clerk.collier.fl.us t - of- C+�llier CLERK OF THE CtRC 1T Dwight E. Brock COLLIER COUNTY UR OU 3301 TAI I 'Al E T Clerk of Courts P.O. BOX 414044 '. NAPLES, FLORIDA 3101 -34 September 21, 2005 Paul D. & Margaret Green 900 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWI HT E. BROCK, CLERK,, n 4 di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (&clerk.collier.fl.us Dwight E. Brock Clerk of Courts Uou ty- of- C611lier CLERK OF THt CIRC`:TIT COURT COLLIER COUNTY C;OURTH USE Clerk of Courts 3301 TAMIAMI IL EAST . P.O. BOX 4$1044 `,\ Accountant NAPLES, FLORIDA,3g101 -30$4 Auditor Custodian of County Funds 17g i` September 21, 2005 Bernilus & Gertha Pierre- Louise 914 Roseate Drive Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK J— e R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna clerk collienfl.us �iznty of- Ctsllier 178 CLERK OF THt CtRCL Dwight E. Brock COLLIER COUNTY OOURT 3301 TAMIAMI IL E Clerk of Courts . P.O. BOX 44044 NAPLES, FLORIDA `33101 September 21, 2005 Scott A. & Meredith A. Brewer 957 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(a,clerk.collier fl us nth of Cc5111er 178 CLERK OF TI CIRCUIT COURT Dwight E. Brock COLLIER COUNTY ('�OURTIIOUSE g 3301 TAMIAMI T AIL EAtT Clerk of Courts Clerk of Courts . P.O. BOX 411044 Accountant NAPLES, FLORIDA\3j101 -3"' 4 Auditor `� Custodian of County Funds September 21, 2005 Janice Clare Wolfe 916 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BR CK, CLERK IctL toe eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(a clerk collier fl us IOU, ty of CA her 178 CLERK OF TH C RCUIT COURT Dwight E Brock COLLIER COUNTY URT tPUSE g 3301 TAMIAMI IL EAT Clerk of Courts Clerk of Courts P.O. BOX 4 X044 Accountant NAPLES, FLORIDA'��4101 -3 '0' 4 Auditor Custodian of County Funds September 21, 2005 Konnie J. Kimbrell 938 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK j' 60-0 ®�.a 0? i�di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(a�clerk.collier fl us Co urit`y- af- Callier 178 CLERK OF TH1 CtRCV1T COURT Dwight E. Brock COLLIER COUNTY qOuRAOUSE Clerk of Courts 3301 TAMIAMI IL EAST Clerk of Courts . P.O. BOX 44044 , Accountant NAPLES, FLORIDA\��101 -30¢4 Auditor Custodian of County Funds September 21, 2005 Consuelo P. & Mahlon C. Stacy 950 Rosea Court Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK/n� idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk(a clerk collier fl us ' ou_.t�- af-C411ier 17B CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URT OUSE 3301 TAM IAMI L EAtT Clerk of Courts Clerk of Courts P.O. BOX 4 044 Accountant NAPLES, FLORIDA 3$101 -30'14 Auditor if Custodian of County Funds .f September 21, 2005 Consuelo P. & Mahlon C. Stacy 2914 5th Ave NW Rochesterm, MN 55901 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: co11ierc1erk@derk.cq11jer.fl.us Co my -of Cb- lier CLERK OF THIt CIRCIJIT COURT COLLIER COUNTY URT4PUSE Dwight E. Brock 3301 TAMIAMI TIT. EAST Clerk of Courts Clerk of Courts . P.O. BOX 4PI044 Accountant NAPLES, FLORIDA-134101-304 Auditor f Custodian of County Funds September 21, 2005 Walter C. Schultz, Jr. Carolyn M. Schultz 765 N. Main Street Brewer, ME 04412 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK tOE- - 0 cc-kW.,00 eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkna clerk.collier.fl.us Ca %niy - Cller T 178 CLERK CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URTIfOUSE g 3301 TAMIAMI L EAST Clerk of Courts Clerk of Courts P.O. BOX 44'044 Accountant NAPLES, FLORIDA `34 101 -30x}4 Auditor ?� Custodian of County Funds i September 21, 2005 Terri Lewis 4185 Kathy Lane Naples, Florida 34104 Re: Petition AVPLAT2005- AR8151 Flamingo Estates Lot 67 Block F Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005 and again on Sunday, October 16, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK n l"eidiR.'Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www derk.collienfl.us Email: collierclerkkelerk.collier.Mus Heidi R. Rockhold From: Heidi R. Rockhold Sent: Thursday, September 22, 2005 12:35 PM To: 'Iegais @napiesnews.com' Subject: AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F Attachments: AVPLAT2005- AR8151.doc; AVPLAT2005- AR8151.doc Legals, Iffill 1, Please advertise the above mentioned notice on Sunday, October 9, 2005 and Sunday, October 16, 2005. IE I AVPLAT2005 -AR81 AVPLAT2005 -AR81 51.doc (29 KB) 51.doc (29 KB) If you have any questions, please call Thank you, Heidi R. Rockhold, Minutes and Records Department 239 -774 -8411 (heidi. rockhold@clerk. collierfl. us) Heidi Rockhold Heidi R. Rockhold ` 17B From: ClerkPostmaster Sent: Thursday, September 22, 2005 12:35 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT1477426.txt; AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F El LI AT171477426.bct AVPLAT2005 -AR81 (231 B) 51 - Flamingo E... This is an automatically generated Delivers% :Status Notification. Your message has been successfully relayed to thefollowing recipients, but the requested delivery status notifications may not be generated by the destination. legals(Cr,naplesne- ws.coin Heidi Rockhold Heidi R. Rockhold From: System Administrator [postmaster @napiesnews.com] Sent: Thursday, September 22, 2005 12:35 PM To: Heidi R. Rockhold Subject: Delivered: AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F Attachments: AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F LLJ AVPLAT2005 -AR81 51 - Flamingo E... < <AVPLAT2005- AR8151 - Flamingo Estates Lot 67.Block F>> .' �s �OUI "1nES5agE, To: legals(�z�naplesnvws. corn Subject: At'PLAT2005- AR8151 -Flamingo Estates Lot 67 Block F :Sent: Thu, 22 Sep 2005 12:34.-47 -0400 YVas delivered to the following recipient(s): legals on Thu, 22 Sep 2005 12:35:03 -0400 Heidi Rockhold AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Thursday, September 22, 2005 5:10 PM To: Heidi R. Rockhold Subject: RE: AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F x2l - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold @clerk.collier.fl. us] Sent: Thursday, September 22, 2005 12:35 PM To: legals @naplesnews.com Subject: AVPLAT2005- AR8151 - Flamingo Estates Lot 67 Block F Legals, Page 1 of 1 ' 17B Please advertise the above mentioned notice on Sunday, October 91 2005 and Sundav, October 16, 2005. <<AVPLAT2005- AR8151.doc>> <<AVPLAT2005- AR8151.doc>> If you have any questions, please call Thank vou, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 (heidi. rockhold @c )clerk. collier fl. us) 9/23/2005 Naples Daily News Naples, FL 34102 A UAR11152 r NOTICE OF Affidavit of Publication PUBLIC HEARING Naples Daily News Notice Is here,YY given ------------------------------------------- ------- y- ---- -- ----- ----- -- - - - - -- - that the Board ofCOUnty' BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 912501 59111217 AVPLAT2005- AR8151NOT State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advei:ti5ing was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/09 10/16 AD SPACE: 114.000 INCH FILED ON: 10/17/05 OCT ---------------------------------------- ---------+------------------------- Signature of Affiant y_ e_ L Sworn to and Subscribed before me this `J ✓ day of �C,� 20C�S Personally known by me ty will. hold a of on Tues- ber 25 2005 In rdr0o m, 3rd iministratlon Collier County lent Center, Tamiami Trail, Florida. The will beoln at Board wW consider P tion AVP05- AR 151 to disclaim, t20laim, re- no nce and vacate the Coynty's and the Pub - Ik'! Interest In a portion of the 7.5 foot wide drainage easement lo- cated along the side of Lot+67, Block F. accord - Mgt to the plat of "FI- ty,jlorida, located In $eGtion 1, Township 50 South, Range 25 East. M NOTE: All Persons wish - Ing to speak on any agenda item must repis- ter4with the County Ad- ml strator prior to pre- se tlon of the agenda tee to be addressed. In vidual speakers will be Imited to 5 minuted on Any Item. The selec- tioA of an' Individual to speak on behalf of an orgtmizatlon or group is encouraged. IT recog- nized by the Chair, a isookesoerson for a' CM rsonvw1shl aid of 3 re. staff a-mkdmum of sev- en days pNgor All Mae - public t►eerin alli.1 used In presenta- tions before the Board will become a perma- nent part of the record. , Any person who decides to appeal a decision of the Board will need a re- cord of the proceedings ertaining thereto and herefore, may need to ensure that a verbatim record of the proceed - ogae tcd is the t si- mony and ev once upon which the appeal is based. Any quesstions or con- cerns ,stnouid be di- rected to Rick Grigg, -lomc it BuSilorg Collier County Commu- _ �A' JP1 " "!5�' I t %iP 4539 cXPIRE.'� - nit Development/Pla- nn np services Section :V, A at(239)6895731. BOARD pF COUNTY COMMISSIONERS COL IER COUNTY, FLORI�A' FRED W.COYLE, CHAIR- MAN DWIGHT E. BRO.CK, CLERK By: Heldl R. Rockhold, 3735762 OR; 3932 PG: 0415 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/18/2005 at 09:15AN DWIGHT E. BROCK, CLERK RIC FEE 27.00 C S 3,00 Retn: CLERK TO THE BOARD 1 B INTEROFFICE 4TH FLOOR. EXT 8406 RESOLUTION NO. 2005— 395 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2005- AR8151 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 7.5 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE SIDE OF LOT 67, BLOCK F, ACCORDING TO THE PLAT OF "FLAMINGO ESTATES" AS RECORDED IN PLAT BOOK 10, PAGES 34 THROUGH 35, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Terri Lewis, as agent for the petititioners, Walter C. Schultz, Jr. and Carolyn M. Schultz, does hereby request the vacation of a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of "Flamingo Estates" as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of "Flamingo Estates," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 7.5 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 OR; 3932 PG; 0416 P 17B BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this / after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT EBROCK, Clerk �1J , tl r„ pity Clerk ` Approved as to form and legal sufficiency: Jenm A. Belpedio Assistant County Attorney day of /VvV1 -1'W ed' 2005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: w Fre W. Coyle, Chairm Page 2 of 2 SURVEY SKETCH OF DESCRIPTION THIS IS NOT A SURVEY' NOTEi BOUNDARY INFORMATION AND OTHER' IMPROVEMENTS SHOWN WERE TAKEN FROM BOUNDARY SURVEY BY THIS FIRM DATEDII -22 -2004 a I%10 ,9 ,81kz �IW POC - NV caw" LOT 67 rla .siB' — AO ID 2577' CD) � / d �q a 8 ° F, 110 H ^ y w 4' M 0 2j I �J I I 7 3aO !— ------ FN N f 4- X 4' DI DI I ND ID FDGE DF LEGAL DESCRIPTION : EXHIBIT "A" SHEET I OF I AVPLAT2005- AR8151 YCRIBED WCEL LOT 68 110.50' (P) N.89'46'04'W. 32.10' TV! SCREENED 25.7' PATIO n 324' 589'52'30 E:: 32,10' • SIAGLE STORY ry RESIDENCE a 11.8' N 17.0' 7.3' LOT 67 N 1 RED, S caw cONC DRIVE N89'52'30'60. 110.70' (M) BASIS OF BEARIAVN N.89'52'30'W. 110.50' CP PAVENENL� CENT£RLBIEI _ ROSEA COURT 60' ROW COPYRIGHT T F.L.A. S ;. STREET ADDRESS 930 ROSEA COURT NAPLES, FLORIDA LOT 65 — — GrE FIR 5/8' 7.5',W ELEC BOX 7.5' DE -7 F- 41 ,` LOT 66 n� 2 I I^ Curve number 1 I.3 Radfus- 2500 M Defta= ' 90.00'00' I Arc= 39.27 26.6 } q Tangent- 2500 I Chord 3536 o Chord Brg. M44'52'.30'Vr FIR S No ID FCX . RIGHT Or VAN - _ AID D4. I hI89'45'38'k! 1!0.53' CM) 31.0' A PORTION OF LOT 67, BLOCK F, FLAMINGO ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGES 34 -35, OF THE PUBLIC RECORDS OF COLLIER COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 67, THENCE RUN S 89'52'30 E ALONG THE NORTH LINE OF SAID 67 FOR 25.77 FEET] THENCE. RUN S00'07'30'W. FOR 6.61 FEET TO THE CORNER OF A SCREENED PATIO AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, CONTINUE S.00'07'30'W. FOR 0.89 FEET TO AN INTERSECTION WIT A LINE 7.5 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 671 THENCE RUN S,89'52'30'E ALONG SAID PARALLEL LINE FOR 32,10 FEET TO EDGE OF SAID SCREENED PATIO) THENCE RUN N.00'07'30'E ALONG SAID EDGE OF SAID PATIO FOR 0.95 FEET TO THE CORNER OF SAID SCREENED PATIO] THENCE RUN N.89'46'04'W, ALONG THE EDGE OF SAID SCREENED PATIO FOR 32.10 FEET TO THE POINT OF BEGINNING N R' E SCALE i' = 30' CORP. 0 7 15 30 60 GRAPHIC SCALE CERTIFICATION 1 CERTIFY THAT THIS SKETCH WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, NOTEt INSURANCE RATE MAP) IN COMPLIANCE WITH F.A.C. 61G17- 6.0031 (5) (E) CIF LOCATION OF EASEMENTS OR RIGHT -OF -WAY OF RECORD, BY : _ ✓/ L— DATE ; I OTHER THAN THOSE ON RECORD PLAT, IS REQUIRED, THIS INFORMATION MUST BE L1 LAN15 F, DySARD, PLS #38 9 CUINTON W. FINSTAD, PIS #2453 FURNISHED TO THE SURVEYOR AND MAPPER. GEORGE R. RICHMOND, PIS #2408 MARY L FINSTAD, PSM #5901 STEPHEN MACDONALD, PLS #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE, IF APPLICABLE, FENCES SHDVN MEANDER NOT VALID WITHOUT SURVEYORS SIGNATURE AND EMBOSSED SEAL ON OR OFF LINES (APPROX. LOCATION ONLY) SURVEY IS VAUD FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS. NOTE, PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND /OR CONSTRUCTION. 6561 TAYLOR ROAD, SUITE 1 REVISIONS F.L.A. SURVEYS CORP. NAPLES, FLORIDA 34109 PROFESSIONAL LAND SURVEYORS &MAPPERS —L 239 -598 -5936 FAX,598 -5939 8 6569 8359 BEACON BLVD., SUITE 117 PROJECT NO: FT. MYERS, FLORIDA 33907 DRAWN BY: 04 -12651 1 PARTY CHIEF: F N A 239- 274 -9518 FAX 274 -9519 05 -11230 117B W W N �7 COLLIER COUNTY FLORIDA r� REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Ray Bellows W3 Date: Petition No. (If none, give brief description): PUDZ- 2004 -AR -6422, Mercato PUD Petitioner: (Name & Address): Q. Grady Minor & Associates, D. Wayne Arnold, AICP, 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) The Lutgert Companies, 4200 Gulfshore Blvd. N., Naples, FL 34103 Hearing before BCC BZA Other Requested Hearing date: October 25, 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ- 2004 -AR -6422, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting a rezone from the (A) Agricultural zoning district to the PUD zoning district for the Mercato PUD. The proposed use is for a mixed -use development with retail, office, restaurant, hotel and multiple family uses. The property, consisting of 53 acres, is located at the Northeast corner of Vanderbilt Beach Road and Tamiami Trail North, in Section 34, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113 - 138312 - 649110 Reviewed by: ZIM ��jl " - -/, Depa e t ead S' - , u�- Date! List Attachments: No If Yes, what account should be charged for advertising costs: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 7 JW 4 � Date of Public hearing: �`�'{�J� Date Advertised: ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04 -41 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE (A) AGRICULTURAL ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE MERCATO MPUD. THE PROPOSED USE IS FOR A MIXED -USE DEVELOPMENT WITH RETAIL, OFFICE, RESTAURANT, HOTEL AND MULTIPLE FAMILY USES LOCATED AT THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD (CR -862) AND TAMIAMI TRAIL NORTH (US -41), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, 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 34, Township 48 South, Range 25 East, Collier County, Florida, is changed from the (A) Agricultural Zoning District to the MPUD Zoning District for the Mercato MPUD. The proposed use is for a mixed -use development with retail, office, restaurant, hotel and multiple- family uses in accordance with the Mercato MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 w PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency �R Marjorie M. Student - Sterling Assistant County Attorney PUDZ- 2004 -AR -6422, Mercato PUD /RB /sp �rk1 BY: FRED W. COYLE, CHAIRMAN Page 2 of 2 Mereato A MIXED USE PLANNED UNIT DEVELOPMENT 53± Acres Located in Section 34, Township 48 South, Range 25 East, Collier County, Florida PREPARED FOR: The Lutgert Companies 4200 Gulfshore Blvd North Naples, Florida 34103 PREPARED BY: Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 F. l George L. Varnadoe, Esquire Cheffey Passidomo, Wilson and Johnson 8215 th Avenue South Naples, FL 34102 EXHIBIT "A" RESUBMITTAL PUDZ- 2004 -AR -6422 PROJECT # 2004020048 DATE: 4/8/05 RAY BELLOWS F :VOBIOCEAN BOULEVARDTUD DOCUMENrMERCATO PUD (submitted 40405).DOC TABLE OF CONTENTS 1!C PAGE STATEMENT OF COMPLIANCE iii SHORT TITLE iv SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III MIXED USE 3 -1 SECTION IV RESIDENTIAL 4 -1 SECTION V PRESERVE 5 -1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6 -1 F:UOB \OCEAN BOULEVARDTUD DOCUMENTIMERCATO PUD (submitted 40405).DOC ip 11RI, 1/C LIST OF EXHIBITS EXHIBIT "A" - MPUD CONCEPTUAL MASTER PLAN EXHIBIT `B" CONCEPTUAL DRAINAGE PLAN EXHIBIT "C" LEGAL DESCRIPTION EXHIBIT "D" DESIGN GUIDELINES EXHIBIT "E" CROSS SECTIONS F:VOBWEAN BOULEVARMPUD DOCUMENTMERCATO PUD (submitted 40405).DOC 17C STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the property owners, Ocean Boulevard South, Ltd., and the applicant, The Lutgert Companies, hereinafter referred to as the Developer, to create a Mixed Use Planned Unit Development (MPUD) on 53± acres of land located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. The name of this Mixed Use Planned Unit Development shall be Mercato MPUD. The development of the Mercato MPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted pursuant to of the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: 1. Twenty -seven and seven tenths (27.7) acres of the subject property is located in Urban Commercial District, Mixed Use Activity Center Subdistrict (Mixed Use Activity Center #5) as identified on the Future Land Use Map. The balance of the property is located in the Urban Mixed Use District, Urban Residential Subdistrict of the Growth Management Plan. Greater than 51 % of the northeast quadrant of the Activity Center is commonly owned and qualifies to utilize the Master Planned Activity Center provisions of the Future Land Use Element. The Mercato MPUD is consistent with the Master Planned Mixed Use Activity Center criteria of the FLUE, and the Conceptual Master Plan and PUD document demonstrate compliance with the criteria. Maximum residential density permitted in a mixed use activity center is 16 du/acre. The proposed 3.3 du/acre is consitent with permitted density in the Mixed Use Activity Center Subdistrict. 2. Improvements are planned to be in compliance with the applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The development of the Mercato MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 4. The Mercato MPUD is a master planned mixed -use community and is planned to encourage ingenuity, innovation and imagination as set forth in the Land Development Code (LDC), Planned Unit Development District. 5. The Mercato MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element of the GMP. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 of the LDC. 7. The applicant has requested a deviation from the Collier County Access Management Policy in order to provide a signalized connection from U.S. 41 to Vanderbilt Beach Road that should function as a "loop" road. F:VOBIOCEAN BOULEVARDTUD DOCUMEN RMERCATO PUD (submitted 40405).DOC iii ' 17C 8. The Mercato MPUD provides for vehicular and pedestrian interconnection to other properties within the Mixed -use Activity Center through an extension of the frontage road on U.S. 41. F:VOB \OCEAN BOULEVARD\PUD DOCUMENTWERCATO PUD (submitted 40405).DOC iv 17C SHORT TITLE This Ordinance shall be known and cited as the "MERCATO MIXED USE PLANNED UNIT DEVELOPMENT ORDINANCE ". F:UOBIOCEAN BOULEVARDIPUD DOCUMEN AMERCATO PUD (submitted 40405).DOC ~ 17� SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Mercato MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See Exhibit "C ". 1.3 PROPERTY OWNERSHIP The property is currently owned by Ocean Boulevard South Limited, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105 -3227. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 34, Township 48 South, Range 25 East. The site is generally bordered on the west by Tamiami Trail (U.S. 41); on the north and east by The Pelican Marsh PUD; and on the south by Fifth Third bank building, and Walgreen's, both zoned C -4, General Commercial, and Vanderbilt Beach Road. B. The zoning classification of the subject property at the time of PUD application is A, Rural Agriculture. C. Elevations within the site are approximately 8.5 feet to 12.5 feet above MSL. Per FEMA Firm Map No. 120067 193D, dated June 3, 1986, the Mercato MPUD is located within Zone X of the FEMA flood insurance rate map. D. Approximately 50% of the site is abandoned agricultural field. The remainder is naturally forested with exotics, pine Flatwoods, and pine - cypress- cabbage palm. E. The soil types on the site generally include 02 — Holopaw fine sand, limestone substratum, 10 — Oldsmar fine sand, limestone substratum, 11 — Hallendale fine sand, 14 — Pineda fine sand, limestone substratum, 20 — Ft. Drum and Malabar, high fine sands, 27 — Holopaw fine sand, and 32 — Urban land as defined by the NRCS. F. The project site is located within the Collier County Water Management District. FAJOMOCEAN BOULEVARDTUD DOCUMEN RMERCATO PUD (submitted 40405).DOC 1 -1 17C 1.5 PERMITTED VARIATIONS OF DWELLING UNIT TYPES. A maximum of 175 dwelling units are permitted within the Mercato MPUD. This maximum may include a mix of single - family attached, two - family, zero lot line, patio, townhome and multi - family dwelling unit types. Residential dwellings may be constructed within MU and R designated areas of the project. 1.6 DENSITY A maximum of 16 dwelling units per acre may be permitted within the Mercato PUD, due to its location within Mixed Use Master Planned Activity Center #5. The proposed maximum of 175 dwelling units represent a gross density of 3.3± dwelling units per acre. F:UOB \OCEAN BOULEVARD\PUD DOCUMEN nMERCATO PUD (submitted 40405).DOC 1 -2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE " 17C The purpose of this Section is to generally describe the plan of development for the Mercato MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Mercato MPUD will be developed as a mixed -use community, which may feature a full array of commercial uses, residential dwelling types, and recreational amenities. The mixed -use component of Mercato is intended to permit a lifestyle center arranged in a traditional main street design. The development shall feature a wide mix of retail, office, and restaurant uses oriented in a pedestrian friendly manner. Wide walkways, unique architectural features, a "town plaza ", extensively landscaped streetscape, outdoor dining areas and courtyards will be characteristics of the Mercato MPUD. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of the Preserve area, water management features, and development tracts shall be determined at the time of final site development plan and /or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. C. The Mercato MPUD is compatible with and complementary to existing and future surrounding land uses as required in the FLUE Mixed Use Master Planned Activity Center Subdistrict of the FLUE. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Mercato MPUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. F :VOB \OCEAN BOULEVARD\PUD DOCUMENT\IvIERCATO PUD (submitted 40405).DOC 2.1 0 1 17C B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6 of the LDC. D. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Mercato MPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Site Development Plans Division of the LDC (Chapter 10) shall apply to the Mercato MPUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code. G. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit, which characterizes the initial development of any phase, shall be carried out throughout the development of that phase. 2.4 ROADWAYS Roadways within the Mercato MPUD may be privately owned and maintained. Standards for platted roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Chapter 10 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. The primary access drive connecting U.S. 41 with Vanderbilt Beach Road, shall not be gated, and shall be open to the public. Roadways within the Mercato MPUD shall be designed in accordance within Mercato Design Guidelines Document attached as Exhibit "D ". F:\JOB \OCEAN BOULEVARD\PUD DOCUMEN RMERCATO PUD (submitted 40405).DOC 2 -2 10Y 17C 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Chapter 3 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Chapter 3 of the LDC and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Mercato MPUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. 2.6 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association or similar entity. The Developer will create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Mercato MPUD. F:UOB \OCEAN BOULEVARMPUD DOCUMENT\MERCATO PUD (submitted 40405).DOC 2 -3 17C 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Mercato MPUD. Landscape buffers shall be provided consistent with the minimum criteria for the mixed -use activity center subdistrict. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Rip Rap or Geotechnical Product 2:1 4. Structural walled berms — vertical B. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Mercato MPUD boundary with County Staff approval at the time of preliminary subdivision plat, site development plan, or site improvement plan approval. C. Fences and walls which are an integral part of security and access control structures, such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures. D. Pedestrian sidewalks and/or bike paths may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. E. Building perimeter landscaping and streetscape plantings in the mixed -use area shall deviate from the requirements of Chapter 4 of the LDC and shall meet the standards identified in Exhibit D, Mercato Design Guidelines. F. Perimeter walls and landscape features shall be permitted in MU and R designated areas of the PUD. Walls may be permitted at a maximum height of 8 feet and may be installed on a berm or at grade. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Mercato MPUD. Fill material generated from other properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed/fanned. Prior to stockpiling in these locations, the Developer shall receive approval by the County F UMOCEAN BOULEVARDTUD DOCUMEN nMERCATO PUD (submitted 40405).DOC 24 t., I TC Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six (6') foot high fence; otherwise, a 4:1 side slope shall be required. B. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a period longer than one year. C. Soil erosion control shall be provided in accordance with LDC, Chapter 10. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.03.06. Design standards for the mixed -use components of the project shall be consistent with Exhibit "D" of the MPUD. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mercato MPUD except in the Preserve /Open Space Area. General permitted uses are those uses which generally serve the project in general, and residents of the Mercato MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.01.03. 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. Parks and recreational facilities. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. F:\JOB \OCEAN BOULEVARD\PUD DOCUMENT\MERCATO PUD (submitted 40405).DOC 2 -5 17C 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.10 of this PUD. 9. Benches, gazebos, fountains, plazas and open space uses. 10. Collier Area Transit (CAT), and other mass transit facilities. B. Development Standards: Unless otherwise set forth in this Document, or as noted in Table 1, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Twelve feet (12') except for guardhouses, gatehouses, walls and access control structures, which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards and Section IV of this PUD. 3. Maximum height of structures - See Table 1, Development Standards and Section IV of this PUD. 4. Minimum floor area - None required. 5. Minimum lot or parcel area - None required. 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the appropriate sections of the LDC in effect at the time of site development plan application. 2.13 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 30% open space requirement of Section 4.02.01 of the LDC for mixed -use developments. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS F:\JOB \OCEAN BOULEVARDTUD DOCUMENT\IvtERCATO PUD (submitted 40405).DOC 2 -6 Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapter 3 of the LDC, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained. Based on the existing 25.8+ acres of native vegetation, a minimum of 6.45 acres of native vegetation shall be retained or supplemented on -site. F:\JOB \OCEAN BOULEVARDTUD DOCUMENTWERCATO PUD (submitted 40405).DOC 2 -7 17C 2.15 SIGNAGE All signs will be in accordance with Chapter 5 of the LDC in effect at time of their permitting, unless otherwise specified herein within the Mercato MPUD and Design Guidelines Exhibit "D ". Signage design shall be carefully integrated with site and building design. Creativity in the design of signs is encouraged in order to emphasize the unique character of the Mercato MPUD. 2.16 SIDEWALKS /BIKEPATHS A. Pursuant to LDC Section 6.06.02 and Section 2.9 of the Mercato MPUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement or on a site development plan. 3. Sidewalks may be located within landscape buffers and /or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to LDC design standards in accordance with Section 10.02.04 of the LDC. 2.17 DEVIATIONS A. Due to the uniqueness of the Mercato's main street mixed -use theme and conceptual development plan, separate design guidelines for the project have been developed and are incorporated as "Exhibit D" to the PUD. The design guidelines document does deviate from typical LDC requirements. Deviations have been generally noted in this document as required to implement the main street concept of the Mercato MPUD. B. Administrative Deviations 1. The Community Development and Environmental Services Administrator shall have the authority to grant administrative deviations from the PUD and Land Development Code, where said regulations present a conflict with the intent and purpose of the PUD or would otherwise be in conflict with the overall design scheme of the Mercato MPUD. F:UOB \OCEAN BOULEVARD\PUD DOCUMEN RMERCATO PUD (submitted 40405).DOC 2 -8 " 17C 2. Before any administrative deviation may be granted by the Community Development and Environmental Services Administrator, the Administrator must make a finding of consistency with the following criteria: a. The deviation proposed is based on sound engineering, planning, or design criteria and practices. b. The deviation poses no health, safety or welfare risk for the general public or adjacent property owner. C. The deviation will not be inconsistent with any goal, objective or policy of the Growth Management Plan. d. The deviation is consistent with the intent and purpose of the PUD and the conceptual master plan for the project. 3. Administrative deviation requests may be made concurrently with a zoning permit, building permit, utility permit, or other applicable application for permit. 4. In considering an administrative deviation, the Community Development and Environmental Services Administrator may request materials, calculations, or plans deemed necessary to render a determination of the deviation request. 5. The Administrator's decision to deny a deviation may be appealed by the applicant to the Board of Zoning Appeals. F:UOB \OCEAN BOULEVARD\PUD DOCUMENTWERCATO PUD (submitted 40405).DOC 2 -9 SECTION III MIXED USE "MU" 3.1 PURPOSE: 17C The purpose of this Section is to identify the permitted commercial land uses and related development standards for areas within the Mercato MPUD designated "MU ", Mixed Use on the Conceptual Master Plan, Exhibit A. The mixed use component of Mercato is intended to permit office, shopping, dining, recreational and residential opportunities in a traditional main street design. The development shall feature a wide mix of retail, office, and restaurant uses oriented in a pedestrian friendly manner. Wide walkways, unique architectural features, a "town square ", extensively landscaped streetscape, outdoor dining areas and courtyards will be characteristics of the Mercato MPUD. 3.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE /ACREAGE A maximum of 395,000 square feet of gross leasable retail commercial, 100,000 square feet of gross leasable office space, and a maximum of 80 hotel units is permitted within the Mercato MPUD. If hotel accommodations are constructed within the MPUD, the maximum amount of office gross leasable area of the office area shall be reduced by a square footage equal to the hotel. A maximum of 27.7 acres shall be used for commercial uses in the MPUD, inclusive of retail, office, restaurant, and parking areas to serve the commercial uses. 3.3 GENERAL DESCRIPTION Areas designated as "MU ", on the Master Concept Plan, Exhibit "A ", are designed to implement the Mixed Use Master Planned Activity Center Sub - district outlined in the FLUE of the Collier County Growth Management Plan. 3.4 PERMITTED USES 1. Accounting, auditing and bookkeeping services (Group 8721). 2. Amusements and recreation services, indoor (Groups 7911, 7991). 3. Apparel and accessory stores (Groups 5611- 5699). 4. Auto and home supply stores (Group 5531). 5. Automotive rental and leasing and parking (Groups 7514, 7515, 7521, 7542). 6. Building materials, hardware, and garden supply (Group 5211 including only cabinets, doors, flooring, Groups 5231- 5261). F:UOB \OCEAN BOULEVARD\PUD DOCUMEN DMERCATO PUD (submitted 40405).DOC 3 -1 � 17C 7. Business services (Groups 7311, 7313, 7322 -7338, 7361, 7371, 7372, 7374- 7376, 7379, 7384). 8. Child day care services (Group 8351). 9. Depository institutions (Groups 6011- 6099). 10. Eating and drinking establishments (Groups 5812, 5813) excluding bottle clubs. Outdoor seating is permitted, subject to minimum sidewalk standards. 11. Educational services (Groups 8211- 8231). 12. Food stores (Groups 5411- 5499). 13. General merchandise stores (Groups 5311 - 5399). 14. Health services (Groups 8011 -8049) 15. Home furniture, furnishing and equipment stores (Groups 5712 - 5736). 16. Holding and investment offices (Groups 6712 - 6799). 17. Insurance carriers, agents and brokers (Groups 6311 -6399, 6411). 18. Legal services (Group 8111). 19. Management and public relations services (Groups 8741 -8743, 8748). 20. Miscellaneous retail (Groups 5912 -5963, 5992 -5999 only). 21. Motion pictures (Groups 7832, 7841), including live theatrical production. 22. Offices for engineering, architectural, and surveying services (groups 0781, 8711 - 8713). 23. Nondepository credit institutions (Groups 6141- 6163). 24. Personal services (Groups 7212, 7221, 7231, 7241, 7251, 7291, 7299, except tattoo parlors, escort services, Turkish baths, and locker rental). 25. Parks, plazas, and active open spaces. 26. Real estate (Groups 6531- 6552). 27. Residential dwelling units, including freestanding or integral to a commercial building (subject to Section 4.5 of the Mercato MPUD). 28. Security and commodity brokers, dealer, exchanges and services (Groups 6211- 6289). 29. Transportation services (Group 4724), travel agencies only. 30. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. B. Accessory Uses: 1. Uses and structures that are customarily incidental and subordinate to the above permitted uses. 2. Parking garage(s) F:\JOB \OCEAN BOULEVARD\PUD DOCUMENT\MERCATO PUD (submitted 40405).DOC 3 -2 3.5 DEVELOPMENT STANDARDS A. Yard Requirements 107, 17C 1. U.S. 41 or Vanderbilt Beach Road Frontage - Twenty -five feet (25') 2. From Pelican Marsh PUD a. Structures up to Thirty -five feet (35') in height — One hundred feet (100') b. Structures greater than Thirty -five feet (35') — One hundred fifty feet (150') 3. From "R" areas on master plan: None, except that a minimum 10' wide type `B" buffer shall be provided between mixed use and residential development areas of the PUD. The wall within the type "B" buffer may be located on the Tract line. From Internal Roadway: Five feet (5') from nearest travel lane, however no setback shall be required from service lanes and service areas. Preserve: Principal: Twenty -five feet (25') Accessory: Ten feet (10) Minimum Lot Size for Platted Lots 1. Minimum lot width: One hundred feet (100') 2. Minimum area: Twenty thousand square feet (20,000 Sq. Ft.) Building Height: 1. Commercial: Fifty -five (55') feet above grade consistent with zoned height definition of the LDC. 2. Mixed Use Building: Sixty (60') feet above grade consistent with zoned height definition of the LDC. F:\JOB \OCEAN BOULEVARDIPUD DOCUMEN RMERCATO PUD (submitted 40405).DOC 3 -3 SECTION IV RESIDENTIAL DEVELOPMENT AREAS «R» 4.1 PURPOSE 0 17 C The purpose of this Section is to establish land use regulations and development standards for the Residential development tract designated on Exhibit "A ", the PUD Master Plan as "R Residential ". 4.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 175 and represents a gross project density of 3.3 dwelling units per acre. 4.3 DISTRIBUTION OF DWELLING UNITS Dwelling units may be distributed throughout the areas designated "R" and "MU" on the conceptual master plan; however, no more than 175 dwelling units may be permitted within the MPUD. 4.4 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04, respectively, of the Collier County LDC. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 4.5 RESIDENTIAL PERMITTED USES A. Principal Uses 1. Zero lot line dwellings. 2. Single - family attached, two family and townhouse dwellings. 3. Two - family and duplex dwellings. 4. Multiple - family dwellings. F:\JOB \OCEAN BOULEVARD\PUD DOCUMENTWERCATO PUD (submitted 40405).DOC 4 -1 ti 17C 5. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "R" District. B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Common area recreational facilities. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. 4.6 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County LDC in effect at the time of site development plan approval, unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Development standards for uses not specifically set forth in Table I shall be established during the site development plan approval phase as set forth in Chapter 10 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. D. Minimum (setback) yards from Pelican Marsh PUD boundary. 3. Principal structure: fifty (50') feet. 4. Unroofed accessory structure: thirty -five (35') feet. 5. Roofed Accessory Structure: fifty (50') feet. E. Minimum yards from MU designated areas. 1. None, except that a minimum ten (10) foot wide landscape area with eight (8) foot high wall shall be provided between the MU and R designated areas of the MPUD. F:UOBIOCEAN BOULEVARDTUD DOCUMEN nMERCATO PUD (submitted 40405).DOC 4 -2 TABLE I MERCATO PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS All distances are in feet unless otherwise noted. 1 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. 2 — Zero foot (0') minimum side setback on one side as long as a minimum 12 foot separation between principal structures is maintained. 3 — Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided. 4 — Front yard setback shall be measured from back of curb. Building Front entry garages must be setback a minimum of 23' from edge of any provided sidewalk. Minimum 15' front yard may be reduced to 10' where the residence is served by a side - loaded or rear entry garage. 5. — Side yards for accessory uses in single- family attached, two - family, townhouse, and multi - family dwellings shall be the same as for principal structures. 6. — Buildings located adjacent to Pelican Marsh PUD shall be restricted to a maximum height of 2 stories, not to exceed 35' in height. F:\JOB \OCEAN BOULEVARD\PUD DOCUMENT\MERCATO PUD (submitted 40405).DOC 4 -3 Single Family Multi- Family Multi - Family Permitted Uses and Zero Lot Attached, Two Dwellings Dwellings Standards Line Family and above Townhouse commercial Minimum Lot Area 4,000 SF 1,700 SF N/A N/A Minimum Lot Width' 40' 17' N/A N/A Minimum Lot Depth 100' 100' N/A N/A Front Yard 4 15' 15' 15' N/A Side Yard 5 0 or 6' 0 or 6' 15' 0' Rear Yard 15' 15' 15' 0' Rear Yard Accessory 10' 10' 10' 0' Preserve Principal 25' 25' 25' 25' Accessory 10' 10' 10' 10' 3 stories over 40' over 1 first floor Maximum Bldg Height6 35' 35' level of commercial parking not to exceed 60' Distance Between Detached Prinicpal 12' 12' 12' 0' Strucutres2, 3 Floor Area Min. 1,000 SF 1,000 SF 1,000 SF 750 SF All distances are in feet unless otherwise noted. 1 — Minimum lot width may be reduced by 20% for cul -de -sac lots provided the minimum lot area requirement is maintained. 2 — Zero foot (0') minimum side setback on one side as long as a minimum 12 foot separation between principal structures is maintained. 3 — Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided. 4 — Front yard setback shall be measured from back of curb. Building Front entry garages must be setback a minimum of 23' from edge of any provided sidewalk. Minimum 15' front yard may be reduced to 10' where the residence is served by a side - loaded or rear entry garage. 5. — Side yards for accessory uses in single- family attached, two - family, townhouse, and multi - family dwellings shall be the same as for principal structures. 6. — Buildings located adjacent to Pelican Marsh PUD shall be restricted to a maximum height of 2 stories, not to exceed 35' in height. F:\JOB \OCEAN BOULEVARD\PUD DOCUMENT\MERCATO PUD (submitted 40405).DOC 4 -3 SECTION V PRESERVE «P» 5.1 PURPOSE k 17 tG' The purpose of this Section is to identify permitted uses and development standards for the area within the Mercato MPUD designated on the Master Plan as "P ", Preserve. 5.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails and shelters, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures. 3. Any other conservation or use which is comparable in nature with the foregoing uses and which the Environmental Services Department determines to be compatible in the Preserve Area. 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty -five (25) feet. B. Setbacks from the preserve areas are as shown on Exhibit `B" Conceptual Drainage Plan and Exhibit "E" Cross Sections. 5.5 LANDSCAPE BUFFERS A. Where Chapter 4 of the LDC requires landscape buffers, and Preserve areas are shown, landscape buffers may consist of preserve vegetation, when demonstrated FAMMOCEAN BOULEVARDTUD DOCUMEN BMERCATO PUD (submitted 40405).DOC 5 -1 P . 17, c that it meets or exceeds requirements of Chapter 4 of the LDC. Landscape buffers must remain exotic free, when necessary to achieve minimum buffer standards. FAJOB \OCEAN BOULEVARD\PUD DOCUMEN DMERCATO PUD (submitted 40405).DOC 5 -2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE w 17C The purpose of this Section is to set forth the development commitments for the Mercato MPUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats and all applicable state and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply except where specifically noted. B. The PUD 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 preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Chapter 10, of the LDC. 6.4 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 01 -57 as may be amended, except as may be provided in subsection 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. F:VOBIOCEAN BOULEVARDIPUD DOCUMEN FMERCATO PUD (submitted 40405).DOC 6 -3 pr 17C D. Deviations may be granted as indicated in "Exhibit D ", Section 2.17 of the PUD. 6.5 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. B. An excavation permit may be required for the proposed lakes in accordance with Chapter 3 of the LDC. All lake dimensions will be approved at the time of excavation permit approval, if excavation permit is required. C. The Mercato MPUD conceptual surface water management system is described in the Surface Water Management Report, which has been included in the PUD Rezone application materials. D. All development within the PUD may share common surface water management facilities. 6.6 ENVIRONMENTAL A. The development of this project shall be consistent with the environmental section of the Conservation and Coastal Management Element of the Growth Management Plan and the Land Development Code at the time of final development order approval. B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement. Perimeter berms shall be located outside of upland preserve boundaries. C. 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 plants in perpetuity shall be the responsibility of the property owner. D. 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, and maintenance. E. All approved agency ( SFWMD, ACOE, FFWCC — gopher tortoise relocation permit) permits shall be submitted prior to final site plan/construction plan approval. The SFWMD and Corps permits have been issued. F:\JOB \OCEAN BOULEVARD\PUD DOCUMENTWERCATO PUD (submitted 40405).DOC 64 17C F. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preserve areas, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - mentioned plan. G. All conservation/preservation areas shall be designated as Preserve on all construction plans and shall be recorded on the plat as a separate tract in fee with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project's homeowners association, or like entity, for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. 6.7 TRANSPORTATION The development of this PUD will be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting shall be provided at all access points. Lighting at the access must be in place prior to the issuance of the first Certificate of Occupancy (CO) for units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are conceptual in nature. The full median opening/potential traffic signal at the north access on US 41 has been coordinated with FDOT during the six -lane expansion of US 41. The full median opening/potential traffic signal at the east access on Vanderbilt Beach Road is needed to provide southbound left turn access for the "loop road" connection between US 41 and Vanderbilt Beach Road. Therefore a deviation is requested from the Collier County Access Management Policy (Res. 01 -247) for a reduced traffic signal spacing distance for the eastern access on Vanderbilt Beach Road. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. The number of access points constructed may be less than the number depicted on the Master Plan; F:UOBIOCEAN BOULEVARMPUD DOCUMENrMERCATO PUD (submitted 40405).DOC 6 -5 17C however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO for units /square footage that will directly utilize the improvements. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15. LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. G. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right - of -way or easement, compensating right -of -way, if required, shall be provided without cost to Collier County as a consequence of such improvement. Said requirement shall be determined at time of Site Development Plan. K. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, turn lane 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. If adjacent developers will share in the use of the improvement (s), they will be required to help pay for the improvement (s) on a fair share basis. F:VOBIOCEAN BOULEVARMPUD DOCUMEN RMERCATO PUD (submitted 40405).DOC 6 -6 17C L. 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 provide for the proposed perpetual use of such access by all parties involved by incorporating appropriate language into the development covenants or plat. M. A deviation from Chapter 1O.O2.13.F annual monitoring reports. The developer in lieu of paying for annual traffic counts at the project accesses, shall make a single payment in the amount of $32,000 to the County for a permanent count station at each access. F:VOB \OCEAN BOULEVARD\PUD DOCUMENT\MERCATO PUD (submitted 40405).DOC 6 -7 C .. 2 E -l7 i u m N �g _ -------------- - --- _------ _ - - -J�m - - -- -- - - -- _ __ _ TAMIAMI TRAIL (U.S. 41) — — — — — __— rn - -- -- - - -- - -- — z l < ) �o� II Ilj II �s/ m T � w =_" � 1 II I i 1 l�l o° / a I 19h I1, lit, m II 1 � Its ms �r/ I I I 1 F 7 \o I I I I °: F� -- I II l� si zn I �z 1 1 isN - 1 �� i'p^�C W14MNNIF V�Nn >$ ;N NNN��uN L 2- �o rmom nnmanmoen OFADT M !ID) AFDC= ?A �>o iwn RNA- cxmw A comcon AL M M RAN spec avm O z J Q d' m � <m 3 r Z w w z a a I Z O ~C7 zOQw Z O w W 0 z W W w IL0 Z W � Kf1 oa 2W Qm w <aw a. In Iiw�piQ ~� I..�..�• � v LJv PAG BOOK 22, oIC_�_ __ - - -- - --- —_ ____ _ Www O z J Q d' m � <m 3 r Z w w z a a I ~C7 zOQw w K w �w9 w 0< W� oa Ww mw� DO °O aim r~i�a �o v LJv PAG BOOK 22, oa PAGES 68-89. Www RIGHT -0F -WAY) �wm C, w � W a Z W G Q �w as zOQ w z- ---I p w I I w a 3 I ` J1 0 LLJ ca O z J Q d' m � <m 3 r Z w w z a a I IN wy � m K w �w9 w 0< W� oa Ww mw� DO °O aim r~i�a �o v LJv PAG BOOK 22, \ \ V S� 04 \ z \ w w 2 a zw � � o Y' o w a o, ¢ rrw-ww 0< W� oa Ww I, PELICAN MARSH UNIT FIVE �o v LJv PAG BOOK 22, oa PAGES 68-89. Www RIGHT -0F -WAY) �wm 1 ' W Ili "1 r7�w Z Q �w as zOQ w z- ---I p w I I w N w a 3 I \ \ V S� 04 \ z \ w w 2 a zw � � o Y' o w a o, ¢ rrw-ww 0< W� oa Ww I, PELICAN MARSH UNIT FIVE a3w v LJv PAG BOOK 22, PAGES 68-89. (VANDERBILT BEACH ROAD RIGHT -0F -WAY) 1 ' Ili "1 r7�w Z ;IT zOQ w z- ---I W x ill w N w < w O a �w LLN LL m r w � w � a 2 O w ua < m ` C Q HICKORY ROAD (60 RIGHT -OF -WAY) 4ylr\ \ R=W JJ \ \ \ ZO'o LL" 15. \ Um \ , c n F� LL Q LL VANDRIGH TOF BEACH ROAD RIGHT -0F -WAY m -------------- O N �Y g ,i LLg m aan i aw°m aaa w x LLu, ino o? hod O y �X I �da) w I < a 0e W m U H W Z WF O 1 rrw-ww I, PELICAN MARSH UNIT FIVE w Z d v LJv PAG BOOK 22, PAGES 68-89. (VANDERBILT BEACH ROAD RIGHT -0F -WAY) 0e W m U H W Z WF O 17� EXHIBIT C DESCRIPTION OF PART OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA BEGINNING AT THE SOUTHWEST CORNER OF PELICAN MARSH UNIT TWO AS RECORDED IN PLAT BOOK 22, PAGES 41 -48, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ALSO BEING A POINT ON THE EASTERLY RIGHT - OF -WAY OF U.S. 41, TAMIAMI TRAIL NORTH; THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX (6) DESCRIBED COURSES: 1) NORTH 89 °20'48" EAST 204.55 FEET; 2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 826.09 FEET THROUGH A CENTRAL ANGLE OF 42 040'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69 019'10" EAST 601.07 FEET; 3) SOUTH 47 059'08" EAST 100.03 FEET; 4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THOUGH A CENTRAL ANGLE OF 29 059'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 62 059'07" EAST 414.10 FEET; 5) SOUTH 77 059'05" EAST 144.30 FEET; 6) SOUTHEASTERLY 654.92 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 395.00 FEET THROUGH A CENTRAL ANGLE OF 94 °59'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 30 029'09" EAST 582.44 FEET TO THE BOUNDARY OF PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5 ", AS RECORDED IN PLAT BOOK 23, PAGES 40 -47, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY SOUTH 17 000'47" WEST 181.41 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTHERLY 37.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 16034'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 08 °43'37" WEST 37.47 FEET; THENCE CONTINUE ALONG SAID BOUNDARY AND A SOUTHERLY EXTENSION THEREOF SOUTH 00 026'28" WEST 180.64 FEET TO A POINT ON THE BOUNDARY OF GRAND ISLE AT PELICAN MARSH AS RECORDED IN PLAT BOOK 24, PAGES 67 -70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89 033'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF PELICAN MARSH UNIT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88 -89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; W- 07- 0082G.DES/PN04 -0047 ►_ 17 C THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH 00 003'39" EAST 492.87 FEET TO THE NORTHERLY BOUNDARY OF PROPOSED RIGHT -OF -WAY OF VANDERBILT BEACH ROAD; THENCE ALONG SAID PROPOSED RIGHT -OF -WAY WESTERLY 68.46 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2430.00 FEET THROUGH A CENTRAL ANGLE OF 01 036'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 °50'08" WEST 68.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE ALONG SAID PROPOSED RIGHT -OF -WAY WESTERLY 368.67 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00 °12'26" AND BEGIN SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 007'55" WEST 368.67 FEET TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUE ALONG SAID PROPOSED RIGHT -OF -WAY WESTERLY 74.44 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 6860.68 FEET THROUGH A CENTRAL ANGLE OF 00 °37' 18" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83 032'47" WEST 74.44 FEET; THENCE LEAVING SAID PROPOSED RIGHT -OF -WAY AND ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALONG A NON - TANGENTIAL LINE NORTH 00 039'03" WEST 254.61 FEET; THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680, PAGE 782, NORTH 48 022'47" WEST 297.34 FEET; THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89 °20'57" WEST 420.00 FEET TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637, PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD; THENCE ALONG SAID BOUNDARY NORTH 00 039'03" WEST 200.80 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89 020'57" WEST 80.00 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY OF SAID U.S. 41; THENCE ALONG SAID RIGHT -OF -WAY LINE NORTH 00 039'30" WEST 1291.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 49.72 ACRES MORE OR LESS; AND A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, COLLIER COUNTY, FLORIDA; ALL THAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT FIVE; 2 W- 07- 0082G. DES/PN04 -0047 �_ 17G THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH 89 033'32" EAST 306.56 FEET TO A POINT ON THE WEST LINE OF TRACT WF -1 (DRAINAGE EASEMENT) ACCORDING TO THE PLAT OF GRAND ISLE AT PELICAN MARSH, PLAT BOOK 24, PAGES 67 THROUGH 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE SOUTH 00 000'00" EAST 481.17 FEET TO A POINT ON THE NORTH LINE OF TRACT `B" (VANDERBILT BEACH ROAD) ACCORDING TO THE PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 3 06.3 7 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2430.00, THROUGH A CENTRAL ANGLE OF 07 013'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 88015'16" WEST 306.17 FEET TO A POINT ON THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE; THENCE ALONG SAID LINE NORTH 00 003'39" WEST 492.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 3.40 ACRES MORE OR LESS; BEARINGS ARE BASED ON THE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE BEING SOUTH 89 033'32" EAST; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990 ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00 °39'20" EAST. 3 W- 07- 0082G.DES/PN04 -0047 17C EXHIBIT D MERCATO DESIGN GUIDELINES Table of Contents I. STREETSCAPE ............................. ............................... 1 a. Pedestrian Pathways ...................................... ............................... t b. Site Furnishings ............................................ .... - ......................... ... i C. Street Trees ..................................................... ............................... 2 II. BUILDING ARCHITECTURAL STANDARDS ..................... 2 a. Building Facades ......................................... ............................... 2 b. Facade /Wall Height Transition Elements .. ............................... 3 C. Variation in Massing ...................................... ............................... 3 d. Roof Treatments ............................................ ............................... 3 e. Design Standards ............................................ ............................... 3 III. LANDSCAPE .................................. ............................... 4 a. General Landscape ......................................... ............................... a b. Building Foundation Plantings .................... ............................... a IV. SIGNAGE ...................................... ............................... 5 a. Project Identification Signs ........ ............................... 5 b. Free Standing Use Monument ..... ............................... 5 C. Permitted Sign Types ........... ............................... 5 d. General Standards ............................. ............................... 6 e. Prohibited Sign Types ................................... ............................... 7 V. REQUIRED PARKING ..................... ............................... 7 a. On Street Parking ......................................... ............................... 7 b. Off - Street Parking ......................................... ............................... 7 C. Perimeter Screening ...................................... ............................... s d. Internal Landscaping ................................... ............................... s e. Parking Structures ...................................................... ......... ...... _. 9 f. Extensions over Pedestrian Ways .............. ............................... 9 g. Loading and Refuse ...................................... ............................... 9 h. Drive - Through Uses ...................................... ............................... 9 F:\JOB \OCEAN BOULEVARD\PUD DOCUMEN nEXH D - Mercato Design Guidelines.doc OBPSPUDSR 17C VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS.... 10 a. Streets and access improvements. b. Water Management ......................... io I F:VOBIOCEAN BOULEVARD\PUD DOCUMENT EXH D - Mereato Design Guidelines.doc OBPSPUDSR I. II. III NFA LTA EXHIBIT D MERCATO DESIGN GUIDELINES Table of Contents STREETSCAPE ............................................................ a. Pedestrian Pathways ...................................... ............................... b. Site Furnishings ........ ................ ............ ........................... ......... .. C. Street Trees ......................... _ ......... ............................... BUILDING ARCHITECTURAL STANDARDS ..................... a. Building Facades ......................................... ............................... b. Fagade/Wall Height Transition Elements .. ............................... C. Variation in Massing ...................................... ............................... d. Roof Treatments ................................... -- ........................... ...... ... e. Design Standards ........................................... ............................... LANDSCAPE .................................. ............................... a. General Landscape ......................................... ............................... b. Building Foundation Plantings .................... ............................... SIGNAGE ...................................... ............................... a. Project Identification Signs ........ ............................... b. Free Standing Use Monument ..... ............................... C. Permitted Sign Types ........... ............................... d. General Standards ............................. ............................... e. Prohibited Sign Types ................................... ............................... REQUIRED PARKING ..................... ............................... a. On Street Parking ......................................... ............................... b. Off - Street Parking ......................................... ............................... C. Perimeter Screening ...................................... ............................... d. Internal Landscaping... ............................. ........................ ...... ... e. Parking Structures ......................................... ............................... f. Extensions over Pedestrian Ways .............. ............................... g. Loading and Refuse .......... .................................................. ..... .... h. Drive - Through Uses ...................................... ............................... 1 2 2 2 3 3 3 3 :! 4 4 5 5 5 5 6 7 7 s s 9 9 9 9 1� t 17C F:VOB \OCEAN BOULEVARD\PUD DOCUMENT EXH D - Mercato Design Guidelines.doc OBPSPUDSR 17C VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS.... 10 a. Streets and access improvements .................... ............................... to b. Water Management ............................................ ............................... 11 F:UOB \OCEAN BOULEVARD\PUD DOCUMENI\EXH D - Mercato Design Guidelines.doc OBPSPUDSR 1g7 OC3 Mercato Design Guidelines This design guideline for Mercato addresses the relationship of buildings, parking, vehicular, and pedestrian movement to create a pedestrian oriented experience. Buildings are encouraged to be built close to the vehicular and pedestrian way to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage and other street furnishings. Travelways support two -way traffic and on street parking. A continuous pedestrian pathway system is provided throughout Mercato. Building arcades and awnings are allowed to extend over the sidewalk to create shade and encourage pedestrian activity. Due to the unique characteristics of the "main street" themed project, deviations from LDC standards are required in order to develop the mixed -use project. Except as specified herein, and as expressed on the conceptual PUD master plan, The Mercato will be developed in compliance with the LDC. I. STREETSCAPE The pedestrian way and street form area is where business and leisure activities merge. The landscape is functional in providing shade on the sidewalk and complimenting the architectural forms. Landscape plantings are laid out in informal groupings. Site furnishings, landscaping, lighting, plazas, and the like invite residents and visitors to utilize this public space. a. Pedestrian Pathways: A sidewalk zone shall be provided along all access ways and shall include: street furnishings and tree planting zone, and a pedestrian clear zone. • The pedestrian clear zone along the main street and side streets shall be a minimum of 5 feet in width unobstructed and continuous. • Overhead arcades, awnings or canopies, etc., may encroach upon the pedestrian clear zone, but furnishings or other obstructions shall be kept out of the pedestrian clear zone. • Outdoor dining at building arcades or outdoor areas may be enclosed by planters, fencing, or similar moveable barriers. The dining area shall not encroach into the pedestrian clear zone. • Vehicular surface paving my include materials other than asphalt, including pavers, concrete, stone or brick, or a combination of surface materials. • A five (5') foot wide pedestrian pathway shall be provided on only one side of the residential tract. b. Site Furnishings: Street furnishings may be provided in conjunction with the street tree zone. Street furniture may include benches, waste /recycling receptacles, bike racks, newspaper vending, bus shelters and information/hand -bill kiosks, and similar furnishings. F: JOMOCEAN BOULEVARDIPUD DOCUMENT EXH D - Mercato Design Guidelines.doc OBPSPUDSR Pa 1 4 of 13 "-- 7C • Site furnishings (not associated with an individual business) shall be coordinated and fabricated of compatible materials. • Visual obstructions shall not be allowed within visibility triangles at street intersections per Florida Dept. of Transportation Standards. C. Street Trees: The street tree - planting zone shall have an average width of 5 feet or greater and be located parallel to the curb. Root barriers are required for canopy trees. This zone may include street furniture. • Street trees shall be spaced on average of 40 feet on center. The street tree pattern may be interrupted by overhead arcade, utility, and pedestrian access ways. Trees should have a clear trunk beneath the start of branching of 6 feet and have an overall planting height of 10 feet At a minimum, street trees shall be 1 -` /z" caliper at time of installation. Palm trees are allowed as a substitute to canopy trees. Areas for canopy trees should be designed where space will allow in plazas, at vehicular intersections, and other areas where buildings are set back. • Planting used in this district shall include a variety of tree and shrub species with at least 50% of the required trees and 25% of the required shrubs being plants native to Florida. Planting at the ground plane shall be a minimum of turf grass; groundcover, low shrubs or flowering plants in tree planters is allowed as is appropriate to the design. II. BUILDING ARCHITECTURAL STANDARDS The Mercato Mixed Use PUD will include architectural features that provide visually interesting building design at a scale appropriate for pedestrian and automobile. Building facades will be designed to reduce the mass and scale of the building, by providing arcades, windows, entry features, and other design treatments. Building materials may be varied throughout the project to better interpret the main street theme associated with The Mercato and its unique combination of uses. a. Building Facades (Not facing U.S. 41 or Vanderbilt Beach Road) 1. Facades adjacent to preserve areas and internal access ways shall not be considered primary facades for purposes of this MPUD. 2. Covered walkways and arcades shall be constructed with columns a minimum of 10" wide. Covered walkways constructed under section 5.05.08.C.3.C.iii, shall only be required to have a length measuring 40 percent of the associated facades. F:LTOB \OCEAN BOUL.EVARD\PUD DOCUMENTEXH D - Mereato Design Guidelines.doc OBPSPUDSR Page 5117 C 3. Parking garages shall not be required to meet building facade requirements or parking structure standards of the LDC; however, appropriate landscape buffers shall be provided to provide visual screening from public rights of way and residential uses. b. Fagade/Wall Height Transition Elements Facade /wall height transition elements as required in Section 5.05.08.C.4.b of the LDC shall not be applicable for buildings internal to the MPUD, but shall be applicable to existing buildings within 150' external to the project. 2. Transitional massing elements shall be utilized within the Mercato MPUD; however, transitional massing elements may exceed 100% of the average height of the adjacent internal building, and transitional massing elements shall only be required along 10% of the building facade. 3. Parking garages shall not be required to meet facade /wall height transition elements of the LDC. C. Variation in Massing The Mercato is designed to mimic a "main street" design. Building facades will be designed in a manner whereby individual tenant spaces will have unique facade and signage treatment, although most of the site will be developed under a single site development plan. 1. Primary building facades shall provide projections and recesses in accordance with the LDC; however, facades facing off - street parking areas, service areas, or preserves shall not be required to meet the projection and recess requirements of the LDC. This requirement shall apply to all buildings and parking garage(s). 2. Blank wall exposure may exceed 33% of the facade connected to a primary facade, where the non - primary facade is adjacent to a preserve or internal landscape buffer. d. Roof Treatments 1. The Mercato shall not require two -roof edge or parapet line changes on building facades, or on parking garage(s) that face a preserve or off - street parking area. e. Design Standards 1. Parking garage(s) facades shall not be considered primary facades where facing a preserve, off - street parking area, or are designed in a manner not visible to the motoring public. F:UOB \OCEAN BOULEVARD\PUD DOCUMENT\EXH D - Meroato Design Guidelines.doc OBPSPUDSR Je7qff 2. Parking design shall be permitted to vary throughout the project, where the configuration of parking (i.e. angled, 90 degree, etc.) areas are separated by clearly delineated and distinct parking lot markings and /or signage. 3. Parking configuration shall be permitted to vary from the criteria for interior and corner lots as described in Section 5.05.08 of the LDC. Shared parking is provided throughout the project; however, parking areas adjacent to U.S. 41 and Vanderbilt Beach Road may provide parking exceeding 50% of the parking for the specific use between the building fagade and right -of -way. 4. Due to the unique character of the Mercato MPUD, continuous pedestrian paths are not required along the rear of buildings or where parking is provided within 15' of the rear building facade. f. Natural and Manmade Bodies of Water 1. Dry detention areas may be permitted without curvilinear offsets. III. LANDSCAPE a. General Landscape: Landscaping within the Mercato Mixed -use area shall adhere to the following criteria. • Provide a variety of tree and shrub species with at least 50% of the required trees and 25% of the required shrubs being plants native to Florida; exotic invasive plants as identified in Figure II Prohibited Species shall not be allowed. • Canopy trees used in open landscape areas (other than street trees) shall have a minimum caliper of 11/2 ". • Planting at the ground plane shall be a minimum of turf grass, groundcover, low shrubs or flowering plants in tree planters is allowed as is appropriate to the design. • Irrigation shall be provided for all planting areas. Irrigation control boxes and appurtenances shall be located away from direct public view. • Drought tolerant species shall be considered when appropriate to the design intent. • Landscape minimums within the mixed -use area shall be met by the standards provided for streetscape, courtyard and parking lot landscaping. • Sidewalk protection such as root barriers, a continuous tree pit, and /or structural soils shall be provided for canopy trees. F:VOBIOCEAN BOULEVARDTUD DOCUMENIIEXH D - Mercato Design Guidelines.doc OBPSPUDSR a Pa$7 f") 13 j el • Walls and fences shall be permitted to be constructed within 7.5 feet of the property line where maintenance and /or access agreements have been established with adjacent property owners. b. Building Foundation Plantings • Building foundation plantings shall not be required in strict conformance with the Collier County LDC, Section 4.06.05.B.4. The project shall provide 10% of the ground level floor area, excluding the parking garage(s) as open space; however, the foundation plantings shall be distributed throughout the site. The Mercato shall distribute the building foundation plantings within a minimum 5' wide streetscape planting area, and other open space and landscaped areas of the MPUD. IV. SIGNAGE Signage design shall be carefully integrated with site and building design to enhance the main street theme for the total property without a repetitive and uniform emphasis. Creativity in the design of signs is encouraged in order to emphasize the unique character of Mercato. The Mercato PUD shall be permitted to deviate from the Collier County LDC, subsection by permitting the following: a. Project Identification Signs • One project directory sign, with a maximum of 250 square feet of sign copy per side and a maximum sign copy height of 25, shall be permitted at each project entry. The directory sign may be permitted within the medians of project entry drives as generally depicted on the Master Plan. • Project identification signs shall be located as generally depicted on the PUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or motto of the development. • No minimum setback shall be required, except that no sign shall be so located so as to create vehicular line of site obstructions. b. Free - standing Use Monument Signs • Each freestanding use shall be permitted one monument sign per public road or private drive frontage. • Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80' for private road frontage. • For public road frontage, the maximum height of the sign copy shall be 10' above finished grade. Architectural details of the sign structure may project above the 10' height; however, no part of the sign or sign structure shall exceed 12' in height above finished grade. F:VOB \OCEAN BOULEVARD\PUD DOCUMENT\EXH D - Mercato Design Guidelines.doe OBPSPUDSR 17C Page 8of13 • For private drive frontage, the maximum height of the sign copy shall be 8' above finished grade. Architectural details of the sign structure may project above the 8' height; however, no part of the sign or sign structure shall exceed 10' in height above finished grade. C. Permitted Sign Types • Wall — A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area — Fagade width x 2.5 • Projecting — Any sign which projects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area — the facade area x .05 up to a maximum of 100 Sq. Ft. Theatre signage may be a maximum of 200 Sq. Ft. • Window — A sign painted or applied to or behind a window. Maximum sign area — the area of the window with the sign x .30. • Hanging — A sign attached to and located below any cave, arcade, canopy, or awning. Maximum sign area — 20 Sq. Ft. (two faces of 20 Sq. Ft. each) • Awning — A sign or graphic attached to or printed on an awning. Maximum sign area — the area of the awning x .25. • Pole — A sign mounted at the top of or bracketed from a vertical pole, which is supported by the ground. Maximum sign area — 24 Sq. Ft. (2 faces @ 12 Sq. Ft. each). • Monument — A sign secured to a base, which is built directly upon the ground. Maximum sign area — 50 Sq. Ft., exclusive of the base. (2 faces of 50 Sq. Ft. each). Maximum height above grade — 6 Ft. • Marquee — A sign usually projecting from the face of a theater or cinema, which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building. Minimum height above grade — 10 Ft. Minimum distance from curb 4 Ft. • Sandwich boards — A portable sign comprised of two sign panels hinged together at the top. Maximum sign area — 12 square ft. (2 faces at 12 Sq. Ft. each). • Banners — Fabric panels projecting from light, flag and sign poles. Maximum sign area — shall be proportional to the height of the pole. 16 Ft. pole — 15 Sq. Ft. Max (2 faces at 15 Sq. Ft. each) 20 Ft. pole — 20 Sq. Ft. Max (2 faces at 20 Sq. Ft. each). • 30 Ft. pole — 36 Sq. Ft. Max (2 faces at 36 Sq. Ft. each). F:VOBIOCEAN BOULEVARDTUD DOCUMENAEXH D - Meroato Design Guidelines.doc OBPSPUDSR le7tc d. General Standards • Sign Area: The area of any sign shall be the area of a rectangle, which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. • Signable Area: 20% of the total area of the facade. • Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than eight (8') Feet above the grade. • Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adjacent properties or the public right -of -way. • Material: Signs shall be constructed of durable materials suitable to the sign type. The long -term appearance of the sign shall be a major consideration in the selection of materials. • Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. • All sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. e. Prohibited Sign Types • Pole signs greater than 12 Sq. Ft. in area. • Portable or mobile signs except sandwich boards. • Flashing or animated signs (except time and temperature signs). • Signs with changeable text (except Marquee). • Off -site signs • Billboards V. PARKING Parking shall be shared throughout the Mercato MPUD and a parking ration of 1 space per 250 square feet of gross leasable building area shall be required for the mixed -use component of the PUD. a. On Street parking: On street parallel parking or angled parking shall be provided within the Mercato. FAJOB \OCEAN BOULEVARD\PUD DOCUMENIIEXH D - Mercato Design Guidelines.doc OBPSPUDSR Page 3 • Parallel parking stall shall be a minimum of 8 Ft. wide x 22 Ft. long. • Angled parking stall shall be a minimum of 9 Ft. wide x 18 Ft. long. b. Off - Street parking: The majority of parking within the Mercato shall be provided off - street. • Parking lots or parking garages shall be located to rear of buildings (Main Street), or the along the side (secondary streets). Off- street parking shall not occur in front of the primary fagade. • Parking areas shall be organized into a series of small bays delineated by landscaped areas of varied sizes. Maximum spacing between landscaped areas shall be 10 spaces unless landscape areas are being located to protect native vegetation. • Lots shall be designed to keep all circulation between aisles internal to the lot. Driveways to parking areas shall be a minimum of 24 Ft. wide. • 90 degree parking shall have a minimum drive lane width of 24 Ft. and stall size of 9 Ft. x 18 Ft. • Angled parking shall have a minimum drive lane width of 18 Ft., if one -way, and 22 Ft., if two -way. Parking stall size shall be 9 Ft. x 18 Ft. • Handicap parking shall be located to facilitate the most direct and safest route to building entries. C. Perimeter Screening: The perimeter of all parking lots fronting public ROW's or the residential tract shall be screened to a minimum height of 24" using walls, fences, landscaping or any combination thereof. • Parking lot perimeter landscaping shall be a minimum of 5 Feet in width. Shrubs shall be arranged in a staggered pattern with a minimum size of 3 gallons at the time of planting to provide year -round screening. • Trees shall be included in the perimeter landscape area at a minimum spacing of one tree per 25 Feet of lineal frontage. Street trees within the ROW may be considered as meeting a portion of the requirement. • In all cases, parking stalls shall not extend past the established building line on a block. F:VOB \OCEAN BOULEVARD\PUD DOCUMENTIEXH D - Mercato Design Guidelines.doc OBPSPUDSR I Ow A TQ d. Internal Landscaping: • Tree diamonds shall be behind a continuous 6" curb with a 4 foot x 4 foot clear planting inside the back of curb, and shall be located internal to the lot, at the intersection line of parking stall pavement markings. Tree diamonds shall not be used to terminate the end of a row. • Landscape islands shall have a minimum width of 5 Feet inside planting area and at least one shade tree except tree diamonds. • Minimum tree size shall be 1 -`/2" caliper. • Internal buffers shall not be required between access roads and/or uses located within the mixed -use component of the Mercato MPUD, as required in Section 4.06.02 of the LDC. e. Parking Structures: Parking structure facades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. • Parking structures without ground floor retail or residential uses shall have a minimum 10 Foot wide, landscaped area at grade, including one tree per 250 square feet of County Code except where the garage is attached to a building or adjacent to preserves. • All structures with uncovered parking on the top level shall have rooftop planters around the perimeter, integral to the structure, with small trees, shrubs and trailing vines to soften the building edges, except where parking garage is adjacent to a commercial or mixed use building. Parking structure lighting shall be a maximum of 20 feet in height. Lighting shall incorporate full shield cut -offs to contain light to the surface of the deck only. f. Extensions over Pedestrian Ways Arcades, overhangs signage, marquees, bay windows, and structural supports shall be allowed to extend over sidewalks. These allowable overhead encroachments shall be a minimum of 9 Foot clear above sidewalk. No allowable encroachment within the sidewalk shall reduce the clear walkable width to less than 5 feet at any point. Parking is allowed below occupied space, accessed from the rear. Parking is also permitted as parallel or angled parking on Main Street or side streets. g. Loading and Refuse • Loading docks, solid waste facilities, recycling facilities and other services elements shall be placed to the rear or side yard of the building in visually unobtrusive locations with minimum impacts on view. F:1JOB\OCEAN BOULEVARDTUD DOCUMENTIEXH D - Mercato Design Guidelines.doc OBPSPUDSR Pag J11271 • Refuse containers and facilities shall be hidden by an opaque wall or fencing of sufficient height to screen the bin and any appurtenances, but not less than 6 feet in height, chain link fencing is not acceptable. Walls shall be constructed of a material compatible with the principal structure it is serving. Landscaping with vines or other plants is encouraged. Enclosures shall include opaque lockable gates to minimize blowing refuse. • Service area recesses in the building and /or depressed access ramps should also be used where applicable. • Businesses are encouraged to consolidate and share refuse areas and equipment. h. Drive - Through Uses (Not on U.S. 41 or Vanderbilt Beach Road) • Limited to a single automobile entry to the site from the main street or side street. If on a corner lot, an additional entry from the secondary street and /or parking area is permitted. • Locate the building so that it fronts onto main street, canopies, and associated service areas sited behind the building. • The height of the canopy must be in scale with its associated building such that it is not visible from the street in front of associated building. The minimum clearance of the canopy must be not less than 14'6" and the maximum clearance must not be more than 16' -0 ". • Parking areas must be visually screened through the use of walls, fences and /or landscaping, with an emphasis on any portions fronting a street. VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 10.02.04 of the LDC. The proposed primary entry road shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC. Other roadways within the Mercato MPUD shall be designed and constructed in accordance with Chapter 4 and 6 of the LDC with the following substitutions: a. Streets and access improvements 1. Construction Standards Manual, Dead -end Streets Cul -de -sacs may exceed a length of one thousand (1,000) feet. 2. Construction Standards Manual, Intersection Radii F:UOBIOCEAN BOULEVARD\PUD DOCUMENMXH D - Mercato Design Guidelines.doc OBPSPUDSR P 7fG Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty -five (35) foot radius for intersections at project entrances. 3. Construction Standards Manual, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. Access Management Policy, Resolution 01 -247 The project entrance on Vanderbilt Beach Road shall be permitted to be signalized upon meeting County requirements. b. Water Management 1. Water management berm side slopes - Berm side slopes may be 1:1 if properly stabilized with rip -rap or other geotechnical product as designed by engineer and acceptable by Development Services Director. Detention area side slopes may be 2:1 if properly stabilized with sod or geotechnical product, so long as the water management body is staging water vertically and not conveying water where velocity would be a concern. 2. Water management subsurface storage — A subsurface storage system (pipes, chambers) will be designed beneath the parking fields for stormwater attenuation volume. This subsurface system shall be permitted by SFWMD and is not designed for water quality treatment, nor for percolation credit. F:UOBIOCEAN BOULEVARD\PUD DOCUMENT%EXH D - Mereato Design Guidelines.doc OBPSPUDSR ❑UTDEEP SEATING PEDESTRIAN ALLEY PEDESTRIAN CLEAR Z ❑NE ❑UTD❑ ❑R SEATING P4, TRAVEL WAY W W C1% Q W ❑UTDWF SEA i ING ❑N STREET PARKWG � 17C 7 -4' PEDESTRIAN CLEAR Z_❑NE SIDE STREET MERCAT❑ MPUD TYPICAL MAIN STREET PLAN 17 G� |�/ U, � \ \ �� Am,-A 11 1| ± z U) F-7 al LL 0 z 0 z LN L) WIU3 U) R 2 t., cc 0 LD a. Lu ( LL, o E:Z< O. 17 C October 3, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ - 2004 -AR -6422, Mercato PUD Dear Legals: Please advertise the above referenced notice on Sunday, October 9, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold Deputy Clerk P.O. /Account # 113- 138312- 649110 17G NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, October 25, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04 -41 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE (A) AGRICULTURAL ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE MERCATO MPUD. THE PROPOSED USE IS FOR A MIXED -USE DEVELOPMENT WITH RETAIL, OFFICE, RESTAURANT, HOTEL AND MULTIPLE FAMILY USES LOCATED AT THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD (CR -862) AND TAMIAMI TRAIL NORTH (US -41), IN SECTION 34, TOWNHSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ- 2004 -AR -6422, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting a rezone from the (A) Agricultural zoning district to the PUD zoning district for the Mercato PUD. The proposed use is for a mixed -use development with retail, office, restaurant, hotel and multiple family uses. The property, consisting of 53 acres, is located at the Northeast corner of Vanderbilt Beach Road and Tamiami Trail North, in Section 34, Township 48 South, Range 25 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks 17C prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts October 3, 2005 a-qn. y- of-C61,her CLERK OF THt CIRCUIT COLLIER COUNTY URT4!01 3301 TAMIAMI TRAIL EASST P.O. BOX 44044 NAPLES, FLORIDA '��4101 -3� a3F6 I 1, D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ- 2004 -AR -6422, Mercato PUD Dear Petitioner: COURT Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eitI �0&'iz L 6C RR. ock hold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk@clerk.collier.fl.us C.7-1,04-h" ty- of-C611lier CLERK OF THE CIRCUIT COURT Dwight E Brock COLLIER COUNTY q0U RT Ou 3301 TAMIAMI IL EAT Clerk of Courts P.O. BOX 4 F1044 NAPLES, FLORIDA: :s 101 -3( 4 October 3, 2005 The Lutgert Companies 4200 Gulfshore Blvd. N Naples, Florida 34103 17C Clerk of Courts Accountant Auditor Custodian of County Funds Re: Notice of Public Hearing to consider Petition PUDA- 2004 -AR -6422, Mercato PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Q- �ZC i �di R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk (&clerk.collier.fl.us Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Monday, October 03, 2005 3:49 PM To: Heidi R. Rockhold Subject: Delivered: PUDZ- 2004 -AR -6422 - Mercato PUD Attachments: PUDZ- 2004 -AR -6422 - Mercato PUD El PU DZ- 2004 -AR -642 2 - Mercato PU... ` <PUD7-- 2004 -AR -642 2 - Mercato PtID» Your message To: legals (ir?naplesneivs. com Subject: PUDZ.- 2004 -AR -6422 - Mercato PUD ;Sent: lon, 3 Oct 2005 .15: 50: 06 -0400 i,vas delivered to the. following recipient(s): legals on Mon, 3 Oct 2005 15:49 :19 -0400 Heidi Rockhold Heidi R. Rockhold From: Heidi R. Rockhold Sent: Monday, October 03, 2005 3:50 PM To: 'legals @napiesnews.com' Subject: PUDZ- 2004 -AR -6422 - Mercato PUD Attachments: PUDZ- 2004- AR- 6422.doc; PUDZ -- 2004- AR- 6422.doc Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005. C �I PUDZ- 2004 -AR -642 PUDZ -- 2004 -AR -64 2.doc (29 KB) 22.doc (31 KB)... If you have questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 (heid.rockhold(a clerk. collierfl. us) Heidi Rockhold Heidi R. Rockhold From: ClerkPostmaster Sent: Monday, October 03, 2005 3:50 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT2325633.txt; PUDZ- 2004 -AR -6422 - Mercato PUD LLJ ATT2325633.bct PUDZ- 2004 -AR -642 (231 B) 2 - Mercato PU... This is an automatically generated Delivery Status Notification. Your nlessClge has been succes#idly relayed to the.follovving recipients, but the requested delivery stC7nts notifications may, not be generated b.Y the destination. le als(i, naplesnevvs. coin Heidi Rockhold PUDZ- 2004 -AR -6422 - Mercato PUD Page 1 of 1 Heidi R. Rockhold 17C From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, October 03, 2005 4:01 PM To: Heidi R. Rockhold Subject: RE: PUDZ- 2004 -AR -6422 - Mercato PUD X2 - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold@clerk.collier.fl.us] Sent: Monday, October 03, 2005 3:50 PM To: legals @naplesnews.com Subject: PUDZ- 2004 -AR -6422 - Mercato PUD Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005. «PUDZ- 2004- AR- 6422.doc>> «PUDZ -- 2004- AR- 6422.doc>> If you have questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 (heidi.rockhold(cclerk.collier fl. us) 10/3/2005 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59119442 PUDZ- 2004- AR- 6422NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier_ County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/09 PUDZ•2004-AR -6422 CO SIDiERfA Notice •1s hereby iven that on. TUESDAY, Octo- ber 25, 2005, In the Boardfoont� 3rd Floor, Administration Building, Collier County Govern" ment Center, 3301 East Tamlami Trail, Naples, nance. Tne meeting win commence at 9:00 A.M, The title of the pro. posed Ordinance Is as follow$: BOARDiNOFCCOUNTY DISCTURICT T4 THZONING IXE USE PLANNED UNIT DE- VELOPMENT (MPUD) ZONING DISTRICT FOR THE MERCATO MPUD. THE PROPOSED USE IS FOR A IXED•U E DE• VELOPM NT WI H RE- TAIL OFFICE, RESTAU• RANT, MOTEL AND MUL- TIDI C l.i. V HUM In. 1�C _ - - - - - - ;PUDZ- 2004-AR 22, D. 1NaYrte Arnold, :�iIICP, of Qp cirad�i Mir&c�eOSr George elates. P A., and t/arnadoe, of CheffY, Passidomo, Wilson &i Johnson, r* resenting, The Lutaert.Camreaione fi»m thetti((nAA8 Agtrlcuitural' zoning dlatric to the POD zonin district for the p s dtuselis forha' mixed• use development) with retail office, res- taurant, hp61 and multi- .__,, The AD SPACE: 171.000 INCH I crrcv n�c vn,c. FILED ON: 10/10/05 and Tamlam r North, in Sectio 34, Township 48 g Collier Coo�u6ty, Florida Copies of the proposed Ordinance are on file Ql�hdtandCere Clerk to NOTE; Ali persons wish- ing to spear on any agenda Rqm T� ad- ter with the minstrator prior to pre, e.ntation of the, agenda ---------------------- - - - - -- -----{-'--------------+--------------------------- Signature of Affiant Sworn to and Subscribed before me this ;`O flay of 61D 20C ?� Personally known by me i��G ti 4U R t3fi :esperson for a - allott� iOamin o spec on and s wishing to have n or graphic me, tali liac YInea rimn0u,T•, p rAolf t see Iub- :Ions befco�rtenthe Brotard {� m �arccoro. a. AArIY person who decides ny appeal a decision of the Board win need a re- cord of the gore ediand pertalnin9 therefore, may need to ensure that a verbatim in0s r s of made. whch re- cord includes the testi- uponywhich the appeal Is based. BOARD OF COUNTY COMMISSIONERS U N T Y, COLLIER FLO, IDA FRE W. COYLE, CHAIR MAN DWIGHT E. BROCK, .... CLERK R. Rockhold, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the _�.L_ 1 tti�, —h r ,tina hnec #1 thrnnph #4. cmmnlete the checklist. and forward to Sue Filson (line #5). exec on vi we ua ..., . .............. ».. ... u Route to Addressee(s) List in routing order - _ -- Office Initials Date 1.Sandra Lea CDES Administration (Initial) Applicable) 2. November 15, 2005 Agenda Item Number 17 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance (AR -6422) r4; Number of Original 1 (Ordinance with PUD 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached Document 6. Minutes and Records Clerk of Court's Office S PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Ray Bellows, Zoning Manager Phone Number 403 -2463 Contact appropriate. (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 17 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance (AR -6422) r4; Number of Original 1 (Ordinance with PUD Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached Document 11NCTR1jCTinN1,9 & CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on it JiSjoS (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ORDINANCE NO. 05 - 58 ~.. .- AN ORDINANCE OF THE BOARD OF coumy COMMISSIONERS AMENDING ORDINANCE NUMB-RR :,' ;0 04-41 THE COLLIER COUNTY LAND DEVELOPMENT CODE ,-....., WHICH INCLUDES THE COMPREHENSIVE ZONlNG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING ti!~ APPROPRIATE ZONING ATLAS MAP OR MAPS; ::BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE (A) AGRICULTURAL ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE MERCA TO MPUD. THE PROPOSED USE IS FOR A MIXED-USE DEVELOPMENT WITH RETAIL, OFFICE, RESTAURANT, HOTEL AND MULTIPLE FAMILY USES LOCA TED A T THE NORTHEAST CORNER OF V ANDERBIL T BEACH ROAD (CR-862) AND T AMIAMI I TRAIL NORTH (US-41), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. -- ') WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, 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 34, Township 48 South, Range 25 East, Collier County, Florida, is changed from the (A) Agricultural Zoning District to the MPUD Zoning District for the Mercato MPUD. The proposed use is for a mixed-use development with retail, office, restaurant, hotel and multiple-family uses in accordance with the Mercato MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier /.¡h '\ / County, Florida, this )~I)' day of J I 0 I ¿t11.!J,72005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W, ~ FRED W. COYLE, CHAIR AN . fî\c..;t¡V-'- )J) .f)aùú 'e; -& """"q ,'j Marjorie \ . Student-Sterling , . I AssIstant County Attorney PUDZ-2004-AR-6422, Mercato PUD/RB/sp This ordinance filed with the '15-~S;l)ltory ot ~t.'!t~J;^QfiiE_r:. t~. _"- o~dayo~ o,n~ ockno.wledgeme~!:- Jlt. that fllmg receive this ~ day of N' r- Ø.O05 By ,c.. . Mercato A MIXED USE PLANNED UNIT DEVELOPMENT 53± Acres Located in Section 34, Township 48 South, Range 25 East, Collier County, Florida PREP ARED FOR: Collier Lutgert Commercial Properties, LLP 4200 Gulfshore Blvd North Naples, Florida 34103 PREPARED BY: Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And George L. Vamadoe, Esquire Cheffey Passidomo, Wilson and Johnson 821 5th Avenue South Naples, FL 34102 EXHillIT "A" MERCATO PUD (BCe 11-15·05 Rev clean),DOC TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE III SHORT TITLE IV SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III MIXED USE 3-1 SECTION IV RESIDENTIAL 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 MEReATO PUD (Bee 11-15-05 Rev clean) DOe EXHIBIT "A" EXHillIT "B" EXHillIT "C" EXHIBIT "D" EXHillIT "E" LIST OF EXHIBITS MPUD CONCEPTUAL MASTER PLAN CONCEPTUAL DRAINAGE PLAN LEGAL DESCRIPTION DESIGN GUIDELINES CROSS SECTIONS MEReA TO PUD (Bee 11-15-05 Rev clean),DOC 11 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the property owners, The Mercato, LLP and The Residences at the Mercato Inc., and the applicant, Collier Lutgert Commercial Properties, LLP, hereinafter referred to as the developer, to create a Mixed Use Planned Unit Development (MPUD) on 53± acres of land located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. The name of this Mixed Use Planned Unit Development (MPUD) shall be Mercato MPUD. The development of the Mercato MPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the growth policies and land development regulations adopted pursuant to of the GMP, Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Twenty-seven and seven tenths (27.7) acres of the subject property is located in the Urban Commercial District, Mixed Use Activity Center Subdistrict (Mixed Use Activity Center #5) as identified on the Future Land Use Map. The balance of the property is located in the Urban Mixed Use District, Urban Residential Subdistrict of the GMP, Greater than 51 % of the northeast quadrant of the Activity Center is commonly owned and qualifies to utilize the Master Planned Activity Center provisions of the FLUE. The Mercato MPUD is consistent with the Master Planned Mixed Use Activity Center criteria of the FLUE, and the Conceptual Master Plan and PUD Document demonstrate compliance with the criteria. Maximum residential density permitted in a mixed-use activity center is 16 duJacre. The proposed 3.3 duJacre is consistent with permitted density in the Mixed Use Activity Center Subdistrict. 2. Improvements are planned to be in compliance with the applicable land development regulations as set forth in Objective 3 ofthe FLUE. 3. The development of the Mercato MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 ofthe FLUE. 4. The Mercato MPUD is a master planned mixed-use community and is planned to encourage ingenuity, innovation and imagination as set forth in the Land Development Code (LDC), Planned Unit Development District. 5. The Mercato MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Obj ective 1.5 of the Drainage Sub-Element of the Public Facilities Element of the GMP. 6. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10 of the LDC. 7. The Mercato MPUD provides for vehicular and pedestrian interconnection to other properties within the Mixed-use Activity Center through an extension of the frontage road on U.S. 41. MEReA TO PUD (Bee 11-15-05 Rev clean).DOe 1lI SHORT TITLE This Ordinance shall be known and cited as the "MERCATO MIXED USE PLANNED UNIT DEVELOPMENT ORDINANCE". MERCA TO PUD (Bee 11-15-05 Rev clean).DOe IV SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Mercato MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION See Exhibit "C". 1.3 PROPERTY OWNERSHIP The property is owned by The Mercato, LLP and The Residences at the Mercato Inc., 4200 Gulfshore Blvd North, Naples, Florida 34103. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 34, Township 48 South, Range 25 East. The site is generally bordered on the west by Tamiami Trail (U.S. 41); on the north and east by The Pelican Marsh PUD; and on the south by Fifth Third Bank building, and Walgreen's, both zoned C-4, General Commercial, and Vanderbilt Beach Road. B. The zoning classification of the subject property at the time of PUD application is A, Rural Agriculture. C. Elevations within the site are approximately 8.5 feet to 12.5 feet above MSL. Per FEMA Firm Map No. 120067 193D, dated June 3, 1986, the Mercato MPUD is located within Zone X of the FEMA flood insurance rate map. D. Approximately 50% of the site is abandoned agricultural field. The remainder is naturally forested with exotics, pine flatwoods, and pine-cypress-cabbage palm. E. The soil types on the site generally include 02 - Holopaw fine sand, limestone substratum, 10 - Oldsmar fine sand, limestone substratum, 11 - Hallendale fine sand, 14 - Pineda fine sand, limestone substratum, 20 - Ft. Drum and Malabar, high fine sands, 27 - Holopaw fine sand, and 32 - Urban land as defined by the NRCS. F. The project site is located within the Collier County Water M'¥1agement District. MEReA TO PUD (BCC il-15-05 Rc\' clean) DOe 1-1 1.5 PERMITTED VARIATIONS OF DWELLING UNIT TYPES. A maximum of 175 dwelling units are permitted within the Mercato MPUD. This maximum may include a mix of single-family attached, two-family, zero lot line, patio, townhome and multi-family dwelling unit types. Residential dwellings may be constructed within MU and R designated areas of the project. 1.6 DENSITY A maximum of 16 dwelling units per acre may be permitted within the Mercato PUD, due to its location within Mixed Use Master Planned Activity Center #5. The proposed maximum of 175 dwelling units represent a gross density of3.3± dwelling units per acre. MERCATO PUD (Bee 11-15-05 Rev clean),DOC 1-2 _'....___''''........__,-..._''...m'.---····_o SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Mercato MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Mercato MPUD shall be developed as a mixed-use community, which may feature a full array of commercial uses, residential dwelling types, and recreational amenities, The mixed-use component of the Mercato MPUD is intended to permit a lifestyle center arranged in a traditional main street design. The development shall feature a wide mix of retail, office, and restaurant uses oriented in a pedestrian mendly manner. Wide walkways, unique architectural features, a "town plaza", extensively landscaped streetscape, outdoor dining areas and courtyards will be characteristics of the Mercato MPUD. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of the preserve area, water management features, and development tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. C. The Mercato MPUD is compatible with and complementary to existing and future surrounding land uses as required in the FLUE Mixed Use Master Planned Activity Center Subdistrict of the FLUE. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Mercato MPUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the GMP which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements, such as but not limited to, final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the 'LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. MEReATO PUD (Bee II-iS-OS Rev clean). DOe 2-1 B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10 of the LDC, and a developers contribution agreement, if so executed. D. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Mercato MPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Site Development Plans Division of the LDC (Chapter 10) shall apply to the Mercato MPUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code. G. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit, which characterizes the initial development of any phase, shall be carried out throughout the development of that phase. 2.4 ROADWAYS Roadways within the Mercato MPUD may be privately owned and maintained. Standards for platted roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer reserves the right to request substitutions to Code design standards in accordance with Chapter 10 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. The primary access drive connecting U.S. 41 with Vanderbilt Beach Road, shall not be gated, and shall be open to the public. Roadways within the Mercato MPUD shall be designed in accordance with the Mercato Design Guidelines Document attached as Exhibit "D". MERc.\TO PUD !Bee II·J5·05 Rò\ Ck~:ll Doe 2-2 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in the Code of Laws and Ordinances, may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in the Code of Laws and Ordinances and subject to permit approval of the South Florida Water Management District. Removal of fill and rock fÌom the Mercato MPUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. 2,6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations of improvements in the right- of-way. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Chapter 10 of the LDC. Minor changes and refinements to the Master Plan may be made by the developer in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association, community development district (CDD) or similar entity. The developer shall create a property owners' association or associations, or similar entity, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association, or similar entity, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Mercato MPUD. MERC\TO PUD 113CC] I-IS·OS Rev clean) DOC 2-3 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Mercato MPUD. Landscape buffers shall be provided consistent with the minimum criteria for the Mixed-Use Activity Center Subdistrict. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Rip rap or geotechnical product 2:1 4. Structural walled berms - vertical B. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Mercato MPUD boundary with County Staff approval at the time of preliminary subdivision plat, site development plan, or site improvement plan approval. C. Pedestrian sidewalks and/or bike path!) may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. D. Building perimeter landscaping and streetscape plantings in the mixed-use area shall deviate rrom the requirements of Chapter 4 of the LDC and shall meet the standards identified in Exhibit D, Mercato Design Guidelines. E. Perimeter walls and landscape features shall be permitted in MU and R designated areas of the PUD. Walls shall be permitted at a maximum height of8 feet and shall be installed on a berm or at grade. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Mercato MPUD. Fill material generated rrom other properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall receive approval by the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six (6') foot high fence; otherwise. a 4: 1 side slope shall be required. MEReATo PleD (BCC 1] ·IS·OS R~\ cl~al1)DOC 2-4 B. Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a period longer than one year. C. Soil erosion control shall be provided in accordance with Chapter 10 of the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Section 2.03.06 of the LDC. Design standards for the mixed-use components of the project shall be consistent with Exhibit "D" of the MPUD. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mercato MPUD except in the Preserve/Open Space Area. General permitted uses are those uses which generally serve the project, and residents of the Mercato MPUD and are typically part of the common inrrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 2. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 3. Guardhouses, gatehouses, and access control structures. 4. Parks and recreational facilities. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 7. Fill storage subject to the standards set forth in Section 2.10 of this PUD. 8. Benches, gazebos, fountains, plazas and open space uses. 9. Collier Area Transit (CAT), and other mass transit facilities. MERC\TO PUD (!WC ! 1·1)·05 Rev clean),DOC 2-5 B. Development Standards: Unless otherwise set forth in this Document, or as noted in Table 1, the following development standards shall apply to structures: 1. Setback from the back of curb or the edge of pavement of any road _ Twelve feet (12') except for transit stops, guardhouses, gatehouses, decorative architectural features, fountains, walls and access control structures which shall have no required setback. 2. Setback fÌ'om PUD boundary: See Table 1, Development Standards and Section IV of this PUD. 3. Maximum height of structures: See Table 1, Development Standards and Section IV of this PUD. 4. Minimum floor area: None required. 5. Minimum lot or parcel area: None required. 6. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the appropriate sections of the LDC in effect at the time of site development plan application. 2.13 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed-use projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes, and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 30% open space requirement of Section 4.02.01 of the LDC for mixed-use developments. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Native vegetation shall be provided as required in the Conservation and Coastal Management Element (CME) of the GMP and Chapter 3 of the LDC. Drainage easements extending through preserve areas shall be replanted with native vegetation and shall be accepted as preserve areas for the project. 2.15 SIGN AGE All signs shall be in accordance with Chapter 5 of the LDC in effect at time of their permitting, unless otherwise specified herein and in the Design Guidelines, Exhibit "D", MERCA TO PUD (BCC 11·15·05 Rè\ dean I DOC 2-6 Signage design shall be carefully integrated with site and building design. Creativity in the design of signs is encouraged in order to emphasize the unique character of the Mercato MPUD. 2.16 SIDEWALKS/BIKEPATHS A. Pursuant to Section 6.06.02 of the LDC and Section 2.9 of the Mercato MPUD, sidewalkslbikepaths shall be permitted as follows: 1. An internal pedestrian walkway system shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement or on a site development plan. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 4. The sidewalk along the U.S. 41 frontage shall not be required north of the main project entrance. A sidewalk shall be provided on the south side of the main project entrance. The developer reserves the right to request substitutions to LDC design standards in accordance with Section 10.02.04 ofthe LDC. 2.17 DEVIATIONS A. Due to the uniqueness of the Mercato MPUD main street, mixed-use theme and conceptual development plan, separate design guidelines for the project have been developed and are incorporated as "Exhibit D" to the MPUD. The design guidelines document does deviate from typical LDC requirements. Deviations have been generally noted in this Document as required to implement the main street concept of the Mercato MPUD. B. Administrative Deviations 1. The County Manager, or his designee, shall have the authority to grant administrative deviations from the MPUD and LDC, where said regulations present a conflict with the intent and purpose of the MPUD or would otherwise be in conflict with the overall design scheme of the Mercato MPUD. MERCATO PUD (Bce 11-15-05 Rc\ clcan).DOe 2-7 2. Before any administrative deviation shall be granted by the County Manager, or his designee, a finding of consistency with the following criteria must be made: a. The deviation proposed is based on sound engineering, planning, or design criteria and practices. b. The deviation poses no health, safety or welfare risk for the general public or adjacent property owner. c. The deviation shall not be inconsistent with any goal, objective or policy of the GMP. d. The deviation shall be consistent with the intent and purpose of the PUD and the conceptual master plan for the project. 3. Administrative deviation requests may be made concurrently with a zoning permit, building permit, utility permit, or other applicable application for permit. 4. In considering an administrative deviation, the County Manager or his designee may request materials, calculations, or plans deemed necessary to render a determination of the deviation request. 5. The County Manager, or designee, decision to deny a deviation may be appealed by the applicant to the Board of Zoning Appeals. MERC'.\TO PUD (Bce I ¡·¡:'·05 RC\ è¡~an)DOC 2·8 SECTION III MIXED USE "MU" 3.1 PURPOSE: The purpose of this Section is to identify the permitted commercial land uses and related development standards for areas within the Mercato MPUD designated HMU", Mixed Use on the Conceptual Master Plan, Exhibit A. The mixed use component of the Mercato MPUD is intended to permit office, shopping, dining, recreational and residential opportunities in a traditional main street design. The development shall feature a wide mix of retail, office, and restaurant uses oriented in a pedestrian friendly manner. Wide walkways, unique architectural features, a "town square", extensively landscaped streetscape, outdoor dining areas and courtyards shall be characteristics of the Mercato MPUD. 3.2 MAXIMUM COMMERCIAL SQUARE FOOTAGE/ACREAGE A maximum of395,000 square feet of gross leasable retail commercial, 100,000 square feet of gross leasable office space, and a maximum of 80 hotel units is permitted within the Mercato MP1JD. The maximum permissible office area may be increased beyond 100,000 square feet with a corresponding square foot reduction occurs in the gross leasable area of retail space. If hotel accommodations are constructed within the MPUD, the maximum amount of retail gross leasable area shall be reduced by 25,000 square feet. A maximum of 27.7 acres shall be used for commercial uses in the MPUD, inclusive ofretail, office, restaurant, and parking areas to serve the commercial uses. 3.3 GENERAL DESCRIPTION Areas designated as "MU", on the Master Concept Plan, Exhibit "A", are designed to implement the Mixed Use Master Planned Activity Center Sub-district outlined in the FLUE ofthe GMP. 3.4 PERMITTED USES 1. Accounting, auditing and bookkeeping services (Group 8721). 2. Amusements and recreation services, indoor (Groups 7911, 7991). 3. Apparel and accessory stores (Groups 5611-5699). 4. Auto and home supply stores (Group 5531). 5. Automotive rental and leasing and parking (Groups 7514, 7515, 7521, 7542). MEReATo PUD IBce 1\·\5-05 Rc\ clean),DOC 3-1 6. Building materials, hardware, and garden supply (Group 5211 including only cabinets, doors, flooring, Groups 5231-5261). 7. Business services (Groups 7311, 7313, 7322-7338, 7361, 7371, 7372, 7374- 7376, 7379, 7384). 8. Child day care services (Group 8351). 9. Depository institutions (Groups 6011-6099). 10. Eating and drinking establishments (Groups 5812, 5813) excluding bottle clubs. Outdoor seating is permitted, subject to minimum sidewalk standards. 11. Educational services (Groups 8211-8231). 12. Food stores (Groups 5411-5499). 13. General merchandise stores (Groups 5311-5399). 14. Health services (Groups 8011-8049) 15. Home furniture, furnishing and equipment stores (Groups 5712-5736). 16. Holding and investment offices (Groups 6712-6799). 17. Hotel and Motels (Group 7011) 18. Insurance carriers, agents and brokers (Groups 6311-6399,6411). 19. Legal services (Group 8111). 20. Management and public relations services (Groups 8741-8743, 8748). 21. Miscellaneous retail (Groups 5912-5963,5992-5999 only). 22. Motion pictures (Groups 7832, 7841), including live theatrical production. 23. Offices for engineering, architectural, and surveying services (groups 0781, 8711-8713). 24. Nondepository credit institutions (Groups 6141-6163), 25. Personal services (Groups 7212, 7221, 7231, 7241, 7251, 7291, 7299, except tattoo parlors, escort services, Turkish baths, and locker rental). 26. Parks, plazas, and active open spaces, 27. Real estate (Groups 6531-6552). 28. Residential dwelling units, including freestanding or integral to a commercial building (subject to Section 4.5 of the Mercato MPUD), 29. Security and commodity brokers, dealer, exchanges and services (Groups 6211- 6289). 30. Transportation services (Group 4724), travel agencies only, 31. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. B. Accessory Uses: 1. Uses and structures that are customarily incidental and subordinate to the above permitted uses. 2. Parking garage(s) MERCATO PUD (Bce 11·15-05 Re\ cican),DOC 3-2 3.5 DEVELOPMENT STANDARDS A. Yard Requirements 1. U.S. 41 - Minimum yards shall be provided from U.S. 41 right-of-way at a ratio of one foot (1') of yard for each one foot (1') of building height, with a minimum yard of twenty-five feet (25'). 2. Vanderbilt Beach Road - Forty feet (40') 3. From Pelican Marsh PUD a. Structures up to thirty-five feet (35') in height - One hundred feet (100') b. Structures greater than thirty-five feet (35') - One hundred fifty feet (150') 4. From "R" areas on Master Plan: None. However, the developer shall provide landscaping and a wall as shown on Exhibit E of the Design Guidelines) 5. From Internal Roadway: Five feet (5') from nearest travel lane, however no setback shall be required from service lanes and service areas. 6. From Preserve Areas: Principal: Twenty-five feet (25') Accessory: Ten feet (10') B. Minimum Lot Size for Platted Lots 1. Minimum lot width: One hundred feet (100') 2. Minimum area: Twenty thousand square feet (20,000 square feet) C. Building Height Above Grade: 1. Commercial: Zoned height - Fifty-five feet (55') Actual height - Sixty-five feet (65') 2. Mixed use building: Zoned height - Sixty-three feet (63') Actual height - Seventy-two feet (72') MEReA TO PUD (Bee 11·15-05 Rev clean),DOe 3-3 D. Building Separation 1. No minimum building separations shall be required for the MU area; however, aU budding separations shall meet applicable fire and building code req uirements. '\1ERCATO PUD (Bce 11·15·U5 Rev ckJn)[)OC 3-4 SECTION IV RESIDENTIAL DEVELOPMENT AREAS "R" 4.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tract designated on Exhibit "A", the MPUD Master Plan as "R Residential". 4.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the MPUD is 175 and represents a gross project density of3.3 dwelling units per acre. 4.3 DISTRIBUTION OF DWELLING UNITS Dwelling units may be distributed throughout the areas designated "R" and "MU" on the conceptual master plan; however, no more than 175 dwelling units shall be permitted within the MPUD. The "MU" area shall have a minimum of 50 units. 4.4 GENERAL DESCRIPTION Areas designated as "R" on the MPUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts shall be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Section 10.02,03 and Section 10.02.04, respectively, of the Collier County LDC. Residential tracts shall be designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 4.5 RESIDENTIAL PERMITTED USES A. Principal Uses 1. Zero lot line dwellings. 2. Single-family attached, two family and townhouse dwellings. 3. Two-family and duplex dwellings. 4. Multiple-family dwellings. MERCATO PUD (BCC 11-15-05 Rev clean),DOC 4-1 " ..,.,......---.---....' 5. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "R" District. B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Common area recreational facilities. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the .oR" District. 4.6 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County LDC in effect at the time of site development plan approval, unless otherwise indicated. Required yards, heights, and floor area standards shall apply to principal structures. C. Development standards for uses not specifically set forth in Table I shall be established during the site development plan approval phase as set forth in Chapter 10 of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. D. Minimum (setback) yards from Pelican Marsh PUD boundary. 1. Principal structure: Fifty (50') feet. 2. Accessory structure: Thirty-five (35') feet. E. Minimum yards from MU designated areas. 1. None. except that an 8 foot to a 10 foot high ornamental wall with landscaping shall be provided in accordance with Exhibit E of the Design Guidelines. MERCA TO PUD (BCe 11-15-nS Rev clcJn ¡DOe 4-2 TABLE 1- MERCATO PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS AND "MU" BUILDINGS R R R MU Single Family Multi-Family Multi-Family Permitted Uses and Zero Lot Attached, Two Dwellings Dwellings Standards Line Family and above Townhouse commercial Minimum Lot Area 4,000 SF 1,700 SF N/A N/A Minimum Lot Width I 40' 17' N/A N/A Minimum Lot Depth 100' 100' N/A N/A Front Yard4 15' 15' 15' N/A Side Yards Oar 6' o or 6' 15' 0' Rear Yard IS' 15' 15' 0' Rear Yard Accessory 10' 10' 10' 0' Preserve Principal 25' 25' 25' 25' Accessory 10' 10' 10' 10' 4 stories over first floor 40' over 1 commercial Maximum Bldg Height6 35' 35' level of not to exceed zoned height parking of 63' and actual height of72' Distance Between Detached Principal 12' 12' 12' 0' Strucutres2,3 Floor Area Min. 1,000 SF 1,000 SF 1,000 SF 750 SF All distances are in feet unless otherwise noted. I - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. 2 - Zero foot (0') minimum side setback on one side as long as a minimum 12 foot separation between principal structures is maintained. 3 - Building distance may be reduced at garages to a minimum of 0 feet where attached garages are provided. 4 - Front yard setback shall be measured from back of curb. Building front entry garages shall be set back a minimum of23 feet from edge of any provIded sidewalk. The minimum 15 foot front yard may be reduced to 10 feet where the residence is served by a side-loaded or rear entry garage, 5. - Side yards for accessory uses in single-family attached. two-tàmily, townhouse. and multi-family dwellings shall be the same as for principal structures, 6, - Buildings located adjacent to the Pelican Marsh PUD shall be restricted to a maximum height of2 stories, not to exceed 35 feet in height. MERc'·no PUD (BCC 11-15-05 Rev clean),DOC 4-3 SECTION V PRESERVE "P" 5.1 PURPOSE The purpose of this Section is to identifY permitted uses and development standards for the area within the Mercato MPUD designated on the Master Plan as "P", Preserve. 5.2 GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The acreage of the Preserve area is indicated on the Master Plan. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails and shelters, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures. 3. Any other conservation use in accordance with Section 3.05.07 of the LDC which is comparable in nature with the foregoing uses and which the Environmental Services Department Staff determines to be compatible in the Preserve Area. Other uses of a comparable nature and not administratively permitted within preserves shall require the approval by the BZA 5.4 DEVELOPMENT STANDARDS A. Maximum height of structures: Twenty-five (25) feet. 5.5 LANDSCAPE BUFFERS A. Where Chapter 4 of the LDC requires landscape buffers, and preserve areas are shown, landscape buffers shall consist of preserve vegetation, when demonstrated that it meets or exceeds requirements of Chapter 4 of the LDC. Landscape buffers shall remain exotic free. MEReA TO PUD (Bee 11·15-05 R~\ ckan) DOC 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Mercato MPUD. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats and all applicable state and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply except where specifically noted. B. The MPUD 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 preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities, 6.3 ENGINEERING A. Except as noted herein, all proj ect development will occur consistent with Chapter 10, of the LDC. 6.4 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, except as may be provided in Subsection 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. MERCATO PUD (BCC I ¡·IS·OS RC\ clcan) DOC 6-2 D. Deviations may be granted as indicated in "Exhibit D", Section 2.17 of the PUD. 6.5 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained pnor to commencement of site work. B. An excavation permit shall be required for the proposed lakes in accordance with the Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, if an excavation permit is required. C. The Mercato MPUD conceptual surface water management system is described in the Surface Water Management Report, which has been included in the MPUD rezone application materials. D. All development within the MPUD may share common surface water management facilities. 6.6 ENVIRONMENT AL A. The development of this project shall be consistent with the environmental sections of the CCME of the GMP and the LDC in effect at the time of final development order approval. B. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement. C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed trom within preserve areas and subsequent annual removal of these plants in perpetuity shall be the responsibility of the property owner. D. A preseITe area management plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species and maintenance. E. All approved agency (SFWMD, ACOE, FFWCC - gopher tortoise relocation permit) permits shall be submitted prior to final site plan/construction plan approval. The SFWMD and Corps permits have been issued. F. An exotic \'egetation removal, monitoring, and maintenance (exotic tree) plan for the site, \\'ith emphasis on the preserve areas, shall be submitted to Environmental MERCATO PUD WCC 11·15-05 Rè\ ,i.:an),DOC 6-3 Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. G. All conservation/preservation areas shall be designated as "Preserve" on all construction plans and shall be recorded on the plat as a separate tract in fee with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat or SDP as applicable to the project's homeowners association, or like entity, for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. H. Setbacks from preserves shall be consistent with Section 3.05.07 of the LDC. 6.7 TRANSPORTATION The development of this MPUD shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Lighting at the access shall be in place prior to the issuance of the first certificate of occupancy (CO) for units/square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are conceptual in nature. The full median opening/potential traffic signal at the north access on US 41 has been coordinated with FDOT during the six-lane expansion of US 41. The full median opening/potential traffic signal at the east access on Vanderbilt Beach Road is needed to provide southbound left turn access for the "loop road" connection between US 41 and V anderbi It Beach Road. Therefore, a deviation is requested from the Collier County Access Management Policy (Res. No. 01-247) for a reduced traffic signal spacing distance for the eastern access on Vanderbilt Beach Road. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access locations and designs shall be approved or denied during the review of required subsequent site plan or final plat submissions. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. \1ERC.\ TO PUD (BCC \1-15·05 Re\' clean),DOC 6-4 D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County Transportation Staff, 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 for units/square footage that will directly utilize the improvements. E. Road impact fees shall be paid in accordance with Collier County Ordinance Ol- D, as amended, and Section 10.02.07 of the LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of an existing County right-of-way or easement, compensating right-of-way, if required, shall be provided without cost to Collier County as a consequence of such improvement. Said requirement shall be determined at time of site development plan approval. K. If, in the sole opinion of the Collier County Transportation Department, a traffic signal, or other traffic control device, turn lane 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. If adjacent property owners share in the use of the improvement (s), they shall be required to pay their fair share cost of the improvement (s). MERCATO PUD (Bee 11-15-05 Re\ clean).DOC 6-5 L. Adjacent developments have been designed to provide shared access or interconnections with this development. The MPUD Master Plan indicates these potential locations. The developer, or assigns, shaH provide for the proposed perpetual use of such access by aH parties involved by incorporating appropriate language into the development covenants or plat. The construction of the interconnections(s) to the Pelican Marsh Community shaH not occur unless and until the Pelican Marsh Community and the Pelican Marsh Community Development District authorize the interconnection(s). The cost of construction and maintenance of the interconnection(s) shaH be at the sole expense of the developer, or successors and assigns. M. A deviation from Chapter 1O.02.13.F of the LDC, annual traffic monitoring report. The developer in lieu of paying for annual traffic counts at the project accesses, shall make a single payment in the amount of $32,000 to the County for a permanent count station at each access. Payment shall be made at the time of the first local development order approval. The developer is still required to provide annual PUD monitoring reports in accordance with LDC provisions, N. The developer agrees to provide funds or improvements above and beyond impact fees not to exceed $906,000 which is the calculated proportionate share in support of the North West TCMA (Transportation Concurrency Management Area). The funds and improvements will be prioritized to facilitate non site related improvements to include: intersection improvements to the intersection of US 41 and Vanderbilt Beach Road, SCOOT signal enhancements and funds toward CAT (Collier Area Transit) bus purchase and maintenance. O. The developer shall make payment to Collier County in lieu of providing a sidewalk north of the project entrance on U.S. 41. 6.8 AFFORDABLE HOUSING Collier County and the Developer of the Mercato MPUD have cooperated to address affordable housing impacts associated with the Mercato MPUD. The foHowing financial contribution shall be paid by the developer, or its successors and assigns, to the CoHier County Affordable Housing Trust Fund and shall fully mitigate the demands on affordable housing attributed to the Mercato MPUD development. A. One thousand dollars ($1,000.00) per residential dwelling unit constructed within the project shall be paid to CoHier County within seven (7) days of the closing on each residential dwelling unit. ' MERC.\TO PUD mcc 11·] 5-05 Rev clean) DOe 6-6 B. Fifty cents ($.50) per square foot of retail commercial development area constructed within the Mercato MPUD shall be paid within seven (7) days of the issuance of a CO for the retail commercial improvement receiving the CO. C. The payment of the sums set forth in this Section shall fully satisfy the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. MEReA TO PUD (BCC 11·15-05 Re\ -:leanlDOC 6-7 /~ /~I \ If / I - I ':r ñ '" o :;' '" o .... o /1 II . . ~ ~ o '" ;0 IZJ ¡:: -. ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ; ~ I I :#, 1)/ :Ie I §I J>. o II 1/ I \ ~ ~ ~ ~i ã as n oC ~ ~ ~ ~ ~~ ~ ~ ~:: ~ 9 ~~ JIll ~ < () ~ ... ! g ; ~ ~ ~ 'M ê i '--I --n__n.{ç____~-_)¡_ l~-J --=- -,.i~----~~---~-~ 000 ~ - - - - - . ; -------- - ~ § ) ~----------------~ ~--~~~M~ TR~L_(,::=~1)_- ------ ----~------ / ----.... "- \ Il I \1 I "I II I N~I I ~li1 II I ~~ II I ~~ I II I ox 0 II N~~ -0 ~I J I OEz ;c ~~o fT1 L/ 090 :;1-0 .~ 7....~ ;c / .~~ < fT1 \ / I \1 < I ~n~ I II~ I 'a. I 1,lg I ~'. :~~ I II ã!, I ~~~ \ II ¡= I ';;S::~ \ -<I _./ -, r ~~~ ~r fT1 02'" ~ª6 'on .!,z.... C? "D C? === o ~ . ~ I ~¡; ~S· ~~ z~ .~ ~:!' ....~ ~ ~ "§~ ~z ;¡~ J~ rZ ~~ o I ( i ':1 I I ,¡ . 'I n I I 'I J' ~ ! l . ~ II " II / / I' I I II I I 1/ / I II I I 1/ I I I I I I I I I I o z ~ QlJIU............................¡'^ C Õ'H-;o!l:: § a~j~~; ,-, ~~~"1~8 I~ ~;~ ~; I~ ,H- I,. '0 !~ ~ _c: nn .. ~. :! ß; ~~ ª~ ~" >r ~.:¡ ~~ MC o~ z' âã ~ - 18 c~~ r '~ ~B~~ i~õ; .-:t)~l') .:al:a ~ni ~~~= ~8g~ ~£~ ~~ ë:; -2:_ §~ã~ ~~i~ ~~~:; ~~~~ ~~~~ C'I~~~ ~~~~ ~rz ~!;UI:Þo ~~~~ o o. n ~! ~ª -<~ Þ!l:N-o VI......:r ~~~: o.:a~::; ~~E~ iii~~-<; ~~ n '-'0.....0; ~~~~ .:::!-,¡:U ~~~g !"'naz ~8t '=;:",,-< "I:I:in ~~~ ~ê~ ~8'" NQI-O..... =::::~::;:~ ...........1+.... ~~~.~ non n(l ~~~~~ u;ww OWN[R'nnT.topr.R ~'" D~r: 100< .::.::::.. 0II,0.1If~ IIU_ .. oa._ n S.I.J ob......1' S.I.J J/ERCA't'O J/PUD DlHIIIT A _ IMSTtI ....... Q, GRADY MlJ«)R AHD !.mUm. P.! C'ffL_.UIO~.~ -........... -'-·_"'110 ~~-::=:::.==::.:.- OCI:AN~:t~ 1_ ~~c~~ '_AY. ~"'l£I. F1.O~OoI ""01 I._._,'::,~ ' ,~ ~, ICtC_~ "'loa ,. ~ ,()(r! -".....,.~~.,< "" ,.. s; Iif!- ì¡!frP mf III. !l1¡ IHI Iii ffl ~ ~ ~ II! , I!: "'_ ~Iii =1; ;I~I ~~~~ ~i¡I;,l "" L I'"~ --------J ~~~~~ ~ Þ H ~ i~ 10 ~ ~ ~ a a :c . . ~ I~ ~~ ~ :<::<: i1 !~ ~~ ~ i~ . , g~ š~ ~ ~ t.. ~ t': ~ ~ ~ . ~ ~ ~ ~ ~ j (.""'M·:IO-~.ot (]W)U A~)r,).f ~ i I n .~ ¡hl!:!!I! ~j ~ ië¡!!~:; h ~i ~~ !I:'" o . " (J..'tM-KrlH!H~ ov(rl:l H')\f3B J.1IÐkl3CNVN 61t'1IiS3!)Vd ·ZZ'MOOB IVld 3^I:llINn A'f'M".:Io-.1HOItI OVOkl H')Y38 nSki30NY^ ~ . ~ µ ~ ~ c ·~<Jr. ' ~ CJ) ,m¡ A 0,/ 'Î ..... ~~ ~ f:~>0" ~ ~:~ ~ 1(/ O~' '&1 -2.;: t::~~ C;¡o :ik <, I 1-0::¡ ", ¡¡ J"~" . . ! II -< \.-'!// ' ~ ., I' :c ,:q/ " "I r¡;~tìj~';i~1 1', ~P""':,- >, š':» 0 _ II I mGJOz \'" :¡¡p~ ~ m -; GJ ,'¡\ B ~ f ~ ,,1,\ ~ ~~ ,\\ :t ~ \\ m .... " z .;~, ~ ,: . (~:\,' ~~& ~ ~ I ~ '~:~'" ib~..... I rl ~ ., · ~"':~;'::::::':'~"'" '<'1t?ì-1/ "'... ... I , ,., \ '<C',,, <... "I " 'i¡" /' ";"'" \ I ! ~'" <, ',¥, \ I. ~, ~ ~ ~]J ~~~_ a:J.. 0! " ..,,> N '" ~ ~ ","',' _ m ffi -< ~ Õ '." I !I: m !I: !¡¡ /"~:', _ _ _ . :::0 ~ 111 ~ , " ,¡ . ~ c .' ;", ... ~ . ~ ~ ~ ;0 " m ~ ~ ~ "~>~~,, ..... " II ~ ~ 0 ~ ~ ~ 8 Ž . ~;~,~,- \ I : ~ ~ ~ -; GJ . ~~--'o~--o__,._ I ..Ll ,:!J ~ "'Il-:'('~"=~¡~~~i~ m <m >0 mz"'~1 ~ ~;!! n ~>8z i\1g¡~ I¡:~ ~fri-;GJ: ~ g¡ g I õ z ~ ~ ~ ~ :j __ r;; r'"o ?::: ::J '" '" '" ~ 8 ;:. '" " - ;; ,.C)"" ~~c:: ~rr;" ~~~·I'" ~"'... -<: ~~~ § ~~"":I - .,,-r-'" "'-! :;;¡;¡~ '!!J ~~:§ ~-.¡-.¡ r;:;~::: 1. _""".. EXHIBIT C DESCRIPTION OF PART OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA BEGINNING AT THE SOUTHWEST CORNER OF PELICAN MARSH UNIT TWO AS RECORDED IN PLAT BOOK 22, PAGES 41-48, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ALSO BEING A POINT ON THE EASTERLY RIGHT- OF-WAY OF U.S. 41, TAMIAMI TRAIL NORTH; THENCE ALONG THE BOUNDARY OF SAID PLAT IN THE FOLLOWING SIX (6) DESCRIBED COURSES: 1) NORTH 89°20'48" EAST 204.55 FEET; 2) EASTERLY 615.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 826.09 FEET THROUGH A CENTRAL ANGLE OF 42°40'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69°19'10" EAST 601.07 FEET; 3) SOUTH 47°59'08" EAST 100.03 FEET; 4) SOUTHEASTERLY 418.87 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VB NORTHEASTERLY HAVING A RADIUS OF 800.00 FEET THOUGH A CENTRAL ANGLE OF 29°59'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 62°59'07" EAST 414.10 FEET; 5) SOUTH 77°59'05" EAST 144.30 FEET; 6) SOUTHEASTERLY 654.92 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 395.00 FEET THROUGH A CENTRAL ANGLE OF 94°59'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 30°29'09" EAST 582.44 FEET TO THE BOUNDARY OF PELICAN MARSH GOLF COURSE, PHASE 1, TRACT "GC5", AS RECORDED IN PLAT BOOK 23, PAGES 40-47, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY SOUTH 17°00'47" WEST 181.41 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTHERLY 37.60 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 16°34'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 08°43'37" WEST 37.47 FEET; THENCE CONTINUE ALONG SAID BOUNDARY AND A SOUTHERLY EXTENSION THEREOF SOUTH 00°26'28" WEST 180.64 FEET TO A POINT ON THE BOUNDARY OF GRAND ISLE AT PELICAN MARSH AS RECORDED IN PLAT BOOK 24, PAGES 67-70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89°33'32" WEST 336.81 FEET TO THE NORTHWEST CORNER OF PELICAN MARSH UNIT FIVE, AS RECORDED IN PLAT BOOK 22, PAGES 88-89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; . - 1 W -07 -0082G.DES/PN04-004 7 THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE, SOUTH 00°03'39" EAST 492.87 FEET TO THE NORTHERLY BOUNDARY OF PROPOSED RIGHT-OF-WAY OF VANDERBILT BEACH ROAD; THENCE ALONG SAID PROPOSED RlGHT-OF-W A Y WESTERLY 68.46 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCA VB SOUTHERLY HAVING A RADIUS OF 2430.00 FEET THROUGH A CENTRAL ANGLE OF 01°36'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°50'08" WEST 68.46 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE ALONG SAID PROPOSED RIGHT -OF- WAY WESTERLY 368.67 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERLY HAVING A RADIUS OF 101,934.54 FEET THROUGH A CENTRAL ANGLE OF 00°12'26" AND BEGIN SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°07'55" WEST 368.67 FEET TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUE ALONG SAID PROPOSED RIGHT-OF-WAY WESTERLY 74.44 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 6860.68 FEET THROUGH A CENTRAL ANGLE OF 00°37' 18" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°32'47" WEST 74.44 FEET; THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY AND ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 820, PAGE 12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALONG A NON- TANGENTIAL LINE NORTH 00°39'03" WEST 254.61 FEET; THENCE ALONG THE BOUNDARY OF LANDS DESCRIBED IN O.R. BOOK 680, PAGE 782, NORTH 48°22'47" WEST 297.34 FEET; THENCE CONTINUE ALONG SAID BOUNDARY, SOUTH 89°20'57" WEST 420.00 FEET TO A POINT ON THE BOUNDARY OF A PARCEL DESCRIBED IN O.R. BOOK 637, PAGE 1161 ALSO KNOWN AS TRAIL BOULEVARD; THENCE ALONG SAID BOUNDARY NORTH 00°39'03" WEST 200.80 FEET; THENCE CONTINUE ALONG SAID BOUNDARY SOUTH 89°20'57" WEST 80.00 FEET TO A POINT ON THE EASTERLY RIGHT -QF- WAY OF SAID U.S. 41; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°39'30" WEST 1291.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 49.72 ACRES MORE OR LESS; AND A DESCRIPTION OF PART OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, COLLIER COUNTY, FLORIDA; ALL THAT PART OF PELICAN MARSH UNIT FIVE AS RECORDED IN PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PELICAN MARSH UNIT FIVE; 2 W -07 -0082G.DESIPN04-0047 THENCE ALONG THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE SOUTH 89°33'32" EAST 306.56 FEET TO A POINT ON THE WEST LINE OF TRACT WF-1 (DRAINAGE EASEMENT) ACCORDING TO THE PLAT OF GRAND ISLE AT PELICAN MARSH, PLAT BOOK 24, PAGES 67 THROUGH 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LINE SOUTH 00°00'00" EAST 481.17 FEET TO A POINT ON THE NORTH LINE OF TRACT "B" (VANDERBILT BEACH ROAD) ACCORDING TO THE PLAT OF PELICAN MARSH UNIT FIVE, PLAT BOOK 22, PAGES 88 THROUGH 89, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 306.37 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCA VB TO THE SOUTHEAST, HAVING A RADIUS OF 2430.00, THROUGH A CENTRAL ANGLE OF 07°13'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 88°15'16" WEST 306.17 FEET TO A POINT ON THE BOUNDARY OF SAID PELICAN MARSH UNIT FIVE; THENCE ALONG SAID LINE NORTH 00°03'39" WEST 492.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRillED; CONTAIN'ING 3.40 ACRES MORE OR LESS; BEARINGS ARE BASED ON THE NORTH LINE OF SAID PELICAN MARSH UNIT FIVE BEING SOUTH 89°33 '32" EAST; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; BEARINGS ARE BASED ON THE STATE PLANE COORDINATES 1983 DATUM, 1990 ADJUSTMENT, WEST LINE OF SAID SECTION 34 AS BEING SOUTH 00°39'20" EAST. 3 W -07 -0082G.DESIPN04-0047 ___"m...._'..··~_·."'·.¥·, --.. I. II. III. IV. V. a. b. c. d. e. t: a O' EXHIBIT D J\;IERCATO DESIGN GUIDELINES Table of Contents STREETSCA.PE............................................. ...... ......... a. b. Pedestrian Pathways ,..,..............,............................ Site Furnishings",.......,..... ,..... ..,......,.. .............. .....,... .., Street Trees,.....,.... ... ,.......,.....,.....,....................... ,..,.. '.. c. BUILDING ARCHITECTURAL STANDARDS..................... a. b. Building Facades ,..,'.,.."'.'.",, '...." '.,...,." ,..,"'.,.,"..."'..",,,...,... Façade/\Vall Height Transition Elements.. ,..,..'................. Variation in Massing, ,......... "..",..,.." ................,...... Roof Treatments ",'.'....".. "'",....",,'.',,'.. Design Standards.."".......,.. '" .............., c. d. e. LANDSC.-\PE.......... .... ... ......... ... ........ ......... ... """ ...... .... a. b. General Landscape, ..., Building Foundation Plantings " ............... ...... ... .............. ......... SIGN AGE..................... ............... ....... ...... ... .... ..... ... ..... a. b. Project Identification Signs....................................... Free Standing Use Monument..................... ............... Permitted Sign Types................................. ...... '" General Standards.............. .."..,.,. Prohibited Sign Types.. , , '..,......,..., c. d. e. ...... ......... REQUIRED PARKING... '" .. . ...... ....... ..... ... ... ... ....... ..... .... On Street Parking.........................,............,......... ,..... .' Off-Street Parking '....."............"..,...,.......... ..,.., .., Internal Landscaping ,.....................,..............."..... '.'... ,.. Parking Structures ,....,',..,""',....".,.,......,..,.....,."...."..,..,..,. .."..., Extensions over Pedestrian Ways, ".......,..,..........., .....,.' Loading and Refuse...,.,...... ...,.. .....,'.......,.........'. ,......., Dri\'e-Through Uses........,......, ...............,......... ....,.., EXH D· V!ercalO DCSH!11 i.'L;lJeilne,; see Rev li)·19·()5 dean)OBPSPUDPH 1 1 2 2 2 2 3 3 4 4 4 4 5 5 5 6 6 7 8 8 8 8 9 9 9 9 10 a. b. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS.... 10 Streets and access improvements, Water ManagemenL,..,..,...,.., .... ........ 10 II Typical Main Street Landscape Design Plan Typical Side Street Landscape Design Plan Typical Parking Garage Landscape Area Typical Rear of Main Street Buildings Landscape Design within Parking Area Typical MUIR Interface Landscape Area and Residential Parking Garage Interface Typical Street Tree Landscape and Building Foundations Planting Plan EXH D - M erCJto D<:sign (Juiddincs (Bee Rev I ()·1l)·()5 dean )OBPSPUDPH n.._'.'._..____·,_""'_~"_"..·.·.~_' Page 1 Mercato MPUD Design Guidelines This design guideline for the Mercato MPUD addresses the relationship of buildings, parking, vehicular, and pedestrian movement to create a pedestrian oriented experience. Buildings are encouraged to be built close to the vehicular and pedestrian ways to create a continuous active and vibrant streetscape utilizing the architecture, landscaping, lighting, signage and other street furnishings. Travelways support two-way traffic and on-street parking. A continuous pedestrian pathway system is provided throughout Mercato. Building arcades and awnings are allowed to extend over the sidewalk to create shade and encourage pedestrian activity. Due to the unique characteristics of the "main street"' themed project, deviations from LDC standards are required in order to develop the mixed-use project. Except as specified herein, and as expressed on the conceptual MPUD Master Plan, The Mercato MPUD shall be developed in compliance with the LDC. I. STREETS CAPE The pedestrian way and street fonn area is where business and leisure activities merge. The landscape is functional in providing shade on the sidewalk and complimenting the architectural fonns. Landscape plantings are laid out in infonnal groupings. Site furnishings, landscaping, lighting, plazas, and the like invite residents and visitors to utilize this public space. a. Pedestrian Pathways: A sidewalk zone shall be provided along all access ways and shall include: street furnishings, a tree planting zone and a pedestrian clear zone. 1. The pedestrian clear zone along the main street and side streets shall be a minimum of 5 feet in width, unobstructed and continuous. 2. Overhead arcades, awnings or canopies, etc., may encroach upon the pedestrian clear zone, but furnishings or other obstructions shall be kept out of the pedestrian clear zone. 3. Outdoor dining at building arcades or fencing, or similar moveable barriers. pedestrian clear zone. outdoor areas may be enclosed by planters, The dining area shall not encroach into the 4. Vehicular surface paving my include materials other than asphalt, including pavers, concrete, stone or brick, or a combination of surface materials. 5. A five (5') foot wide pedestrian pathway shall only be provided on one side of the main roadway within the residential tract. EXH D· McrcJto Design Guidelines IBCe Rev Ii 1·1 q·tl5 clt:an)OBPSPUDPH Page 2 b. Site Furnishings: Street fumishings may be provided in conjunction with the street tree zone. Street fumiture may include benches, waste/recycling receptacles, bike racks, newspaper vending, bus shelters and intomlation/hand-bill kiosks, and similar fumishings. I. Site furnishings (not associated with an individual business) shall be coordinated and fàbricated of compatible materials. 2. Visual obstructions shall not be allowed within visibility triangles at street intersections per Florida Department of Transportation Standards. c. Street Trees: The street tree-planting zone shall have an average width of 5 feet or greater and be located parallel to the curb. Root barriers are required for canopy trees. This zone may include street furniture. I. Street trees shall be spaced on average of 40 feet on center. The street tree pattern may be interrupted by overhead arcade, utility, and pedestrian access ways, as shown on Exhibits A, E, and F. Palm trees are allowed as a substitute to canopy trees. Areas for canopy trees should be designed where space will allow in plazas, at vehicular intersections, and other areas where buildings are set back. 2. Plantings used in this District shall include a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs being plants native to Florida. Planting at the ground plane shall be a minimum of turf grass; ground cover, low shrubs or flowering plants in tree planters as is appropriate to the design. II. BUILDING ARCHITECTURAL STANDARDS The Mercato MPUD will include architectural features that provide visually interesting building design at a scale appropriate for pedestrians and automobiles. Building façades will be designed to reduce the mass and scale of the building, by providing arcades, windows, entry features, and other design treatments. Building materials may be varied throughout the project to better interpret the main street theme associated with The Mercato MPUD and its unique combination of uses. All freestanding outparcel buildings shall be developed in compliance with the LDC. All other building tàçades within 250 feet of U.S. 41 and Vanderbilt Beach Road (facing U.S. 41 or Vanderbilt Beach Road) shall meet the architectural guidelines of the LDC. a. Building Façades (Not facing U.S. 41 or Vanderbilt Beach Road) 1. Façades adjacent to preserve areas and internal access ways shall not be considered primary façades for purposes of this MPUD. EXH D - \1ercato Design GUidelines (Bee Rev ¡ o· ¡ ')·05 c!ean)OBPSPUDPH Page 3 2. Covered walkways and arcades shall be constructed with columns a minimum of 10 inches wide. Covered walkways pursuant to the requirements of Subsection 5.05.08.C.2.C.iii of the LDC, shall only be required to have a length measuring 40 percent of the associated façades. 3. Parking garages shaH not be required to meet building façade requirements or parking structure standards of the LDC; however, appropriate landscape buffers shall be provided to provide visual screening from public rights-of-way. However, the top floor parking deck façade facing a public roadway shaH provide decorative architectural banding, planters or other decorative architectural details. b. Façade/Wall Height Transition Elements (Not facing U.S. 41 or Vanderbilt Beach Road.) 1. FaçadeiwaH height transition elements as required in Subsection 5.05.08.CA.b of the LDC shaH not be applicable for buildings internal to the MPUD, but shall be applicable to existing buildings within 150 feet external to the project. 2. Transitional massing elements shaH be utilized within the Mercato MPUD; however, transitional massing elements may exceed 100% of the average height of the adjacent internal building, and transitional massing elements shall only be required along 10% of the b:1Ìlding façade. 3. Parking garages shall not be required to meet façade/wall height transItIon elements of the LDC. However, the top floor parking deck façade facing a public roadway shall provide decorative architectural banding, planters or other decorative architectural details. c. Variation in Massing (Not facing U.S. 41 or Vanderbilt Beach Road.) The Mercato MPUD is designed to mimic a "main street" design. Building façades will be designed in a manner whereby individual tenant spaces wiH have unique façades and signage treatments, although most of the site wiH be developed under a single site development plan. 1. Primary building façades shaH provide projections and recesses with a minimum depth of 3 feet per 150 linear feet per building. However, façades facing off-street parking areas, service areas, or preserves shall not be required to meet the projection and recess requirements, but shall meet the building design treatments of Subsection 5.05.08.C.5 of the LDC. This requirement shall apply to all buildings. 2. Blank waH exposure may exceed 33% of the façade connected to a pnmary façade. where the non-primary façade is adjacent to a preserve or internal landscape butTer. EXH D· Mercato DesIgn GuiJeltncs (BCC Rev I (). I lI·()5 clean)OBPSPUDPH Page 4 d. Roof Treatments (Not facing U.S. 41 or Vanderbilt Beach Road.) I. The Mercato MPUD shall not require two-roof edge or parapet line changes on building tàcades, or on parking garage(s) that face a preserve or off-street parking area. That portion of a building fronting directly on U.S. 41 or VanderbiIt Beach Road shall be required to provide the required roof edge or parapet changes for that portion of the façade visible from U.S. 41 or Vanderbilt Beach Road, as may be applicable. e. Design Standards 1. Parking garage(s) façades shall not be considered primary facades where facing a preserve, off-street parking area, or are designed in a manner not visible to the motoring public. 2. Parking design shall be permitted to vary throughout the project, where the confi!,TUration of parking (i.e. angled, 90 degree, etc.) areas are separated by clearly delineated and distinct parking lot markings and/or signage. 3. Parking area configurations shall be permitted to vary from the criteria for interior and corner lots as described in Section 5.05.08 of the LDC. Shared parking areas are provided throughout the project; however, parking areas adjacent to U.S. 41 and Vanderbilt Beach Road may provide parking areas exceeding 50% of the parking area for the specific use between the building façade and right-of-way. 4. Due to the unique character of the Mercato MPUD, continuous pedestrian paths are not required along the rear of buildings or where parking areas are provided within 15 feet of the rear building façade. f. Natural and Manmade Bodies of \Vater I. Dry detention areas may be permitted without curvilinear off-sets, where the dry detention areas are less than 30 feet in width. III. LANDSCAPE a. General Landscape: 1. Landscaping within the Mercato Mixed-Use Areas shall adhere to the following criteria: 2. Provide a variety of tree and shrub species with at least 50% of the required trees and 35% of the required shrubs being plants native to Florida; exotic invasive plants as identified in Figure II, Prohibited Species, shall not be allowed. 3. Planting at the ground plane shall be a minimum of groundcover, low shrubs or flowering plants in tree planters appropriate to the design. The use of turf grass within street tree EXH D· "vIercato De>ign Guidelines (Bee Rev ¡ 0·19·05 cleanlOBPSPUDPH Page 5 planting areas is pennitted in limited installations. Turf grass may be utilized In courtyards and plazas as appropriate to the landscape design. 4. Irrigation shall be provided for all planting areas. Irrigation control boxes and appurtenances shall be located away from direct public view. 5. Drought tolerant species shall be considered, when appropriate, to the design intent. 6. Landscape minimums within the mixed-use area shall be met by the standards provided for streetscape, courtyard and parking lot landscaping. 7. Sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided for canopy trees. 8. Walls and fences shall be permitted to be constructed within 6 feet of the property tine adjacent to the Pelican Marsh PUD where maintenance and/or access agreements have been established with adjacent property owners. The maximum 8 foot high wall shall be architecturally finished and the exterior side facing Pelican Marsh PUD shall be planted with a climbing vine or similar vegetation. 9. Parking areas located to the rear of Main Street retail uses shall provide supplemental landscaping consistent with Exhibit D. b. Building Foundation Plantings 1. The location and calculation of building foundation plantings shall not be required in strict conformance with Subsection 4.06.05.BA of the LDC, The project shall provide 10% of the ground level floor area, excluding the parking garage(s) as open space; however, the foundation plantings shall be distributed throughout the site. The Mercato MPUD shall distribute the building foundation plantings within streetscape planting areas, open spaces, and landscaped areas of the MPUD as shown in Exhibits A thru F. IV. SIGNAGE Signage design shall be carefully integrated with site and building design to enhance the main street theme for the total property without a repetitive and uniform emphasis. Creativity in the design of signs is encouraged in order to emphasize the unique character of the Mercato project. The Mercato MPUD shall be permitted to deviate from the LDC, by permitting the following: a. Project Identification Signs 1. One project directory sign, with a maximum of 250 square feet of sign copy per side and a maximum sign copy height of 25 feet, shall be permitted at each project entry. The directory sign may be permitted within the medians of project entry drives as generally depicted on the Master Plan. The project directory sign will feature the project name, insignia or motto of the development and up to 6 tenant panels. EXH D· Mercato Design GuiJdJl1es (Bee Rev 10-19-05 cleanlOBPSPUDPH Page 6 2. Project identification signs with a maximum of 120 square feet of sign copy per side and a maximum sign copy height of 18 feet, shall be located as generally depicted on the MPUD Master Plan. Project identification signs shall be monument or wall mounted signs and feature only the project name, insignia or motto of the development and up to 4 tenant panels. 3. One project identification sign for the three off-site projects located within the Activity Center may be located south of the proposed right-in, right-out southern most Mercato project entrance. The maximum sign area shall be 80 square feet and the maximum sign height shall not exceed 8 feet. 4. No minimum setback shall be required, except that no sign shall be located so as to create vehicular line of site obstructions. b. Free-standing Use Monument Signs 1. Each free-standing use shall be permitted one monument sign per public road or private drive frontage. 2. Maximum permissible sign copy shall be 100 square feet per side for public road frontage and 80 square feet for private road frontage. 3. For public road frontage, the maximum height of the sign copy shall be 10 feet above finished grade. Architectural details of the sign structure may project above the 10 foot height; however, no part of the sign or sign structure shall exceed 12 feet in height above finished grade. 4. For private drive frontage, the maximum height of the sign copy shall be 8 feet above finished grade. Architectural details of the sign structure may project above the 8 foot height; however, no part of the sign or sign structure shall exceed 10 feet in height above finished grade. c. Permitted Sign Types 1. Wall - A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area - Façade width by 2.5 feet 2. Projecting - Any sign which projects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area - the façade area by .05 feet up to a maximum of 100 square feet. Theatre signage may be a maximum of 200 square feet. 3. Window - A sign painted or applied to or behind a window. Maximum sign area - the area of the window with the sign by .30 feet. 4. Hanging - A sign attached to and located below any eave, arcade, canopy, or awning. Maximum sign area - 20 square feet. (Two faces of20 square feet each) EXH D - MercatLJ Design Guidelines (Bee Rev 10·19·05 clean)OBPSPU DPH Page 7 5. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area- the area of the awning by .25 feet. 6. Pole - A sign mounted at the top of or bracketed from a vertical pole, which is supported by the ground. One pole sign with a maximum sign area of 64 square feet. (Two sign faces of 32 square feet each). 7. Monument - A sign secured to a base, which is built directly upon the ground. Maximum sign area - 80 square feet, exclusive of the base. Maximum height above grade - 15 feet. 8. Marquee - A sign usually projecting from the face of a theater or cinema, which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building. Minimum height above grade - 10 feet. Minimum distance from curb - 4 feet. 9. Sandwich boards - A portable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square feet (2 faces of 12 square feet each). 10. Banners - Fabric panels projecting from light, flag and sign poles. Maximum sign area - shall be proportional to the height of the pole. 16-foot pole - 15 square feet Max (2 faces of 15 square feet each) 20-foot pole - 20 square feet Max (2 faces of20 square feet each). 25-toot pole - 30 square feet Max (2 faces of 30 square feet each) 30-toot pole - 36 square feet Max (2 faces of 36 square feet each). 11. Temporary special event signs - A temporary window, hanging, awning, portable or banner sign utilized in conjunction with a special event within the MUPUD. d. General Standards 1. Sign area: The area of any sign shall be the area of a rectangle, which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. 2. Sign area: 20% of the total area of the façade. 3. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than 8 Feet above the grade. 4. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to cause glare onto adjacent properties or the public right-of-way. EXH D· \l1ercato Design GuiJdines (BCe Rev 10·19-05 dean)OBPSPUDPH ","."~_._---""'-""~"""."'-' Page 8 5. Material: Signs shall be constructed of durable materials suitable to the sign type. The long-term appearance of the sign shall be a major consideration in the selection of materials. 6. Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. 7. All sign structures may feature architectural treatments which shall be permitted to extend above the maximum height of the sign specified herein. e. Prohibited Sign Types 1. Portable or mobile signs except sandwich boards. 2. Flashing or animated signs (except time and temperature signs). 3. Signs with changeable text (except marquee). 4. Off-site signs 5. Billboards v. PARKING Parking shall be shared throughout the Mercato MPUD and a parking ratio of 1 space per 250 square feet of gross leasable building area shall be required for the mixed-use component of the PUD. a. On-Street parking: On-street parallel parking or angled parking may be provided within the project. 1. Parallel parking stall shall be a minimum of 8 feet wide by 22 feet long. b. Off-Street parking: The majority of parking within the project shall be provided off of the street. 1. Except along U.S. 41 or Vanderbilt Beach Road frontage, parking lots or parking garages shall be located to the rear of buildings (Main Street), or along the side (secondary streets). Off-street parking shall not occur in front of the primary façade. 2. Parking areas shall be organized into a series of small bays delineated by landscaped areas of varied sizes. Maximum spacing between landscaped areas shall be 10 spaces unless landscape areas are being located to protect native vegetation or to accommodate structural members of a parking garage. 3. Lots shall be designed to keep all circulation between aisles internal to the lot. Driveways to parking areas shall be a minimum of24 feet wide. EXH D - Mercatn Design Guidelines I BCe Rev 10-19-05 clean)OBPSPUDPH Page 9 4. 90 degree parking areas shall have a minimum drive lane width of 24 feet and stall size of 9 feet by 18 feet. 5. Angled parking shall have a minimum drive lane width of 18 feet, if one-way, and 22 feet, if two-way. Parking stall size shall be 9 feet by 18 feet. Handicap parking shall be located to facilitate the most direct and safest route to building entries. c. Internal Landscaping: 1. Internal buffers shall not be required between access roads and/or uses located within the mixed-use component of the Mercato MPUD, as required by Section 4.06.02 of the LDC. 2. Other landscape areas will be provided as depicted on Exhibits A through E. d. Parking Structures: Parking structure facades shall be designed to screen views of automobiles by the general public from adjacent streets and driveways. I. Parking garage landscaping adjacent to a preserve and internal residential areas shall be provided in accordance with Exhibits C and E. 2. All structures visible from residential or public roadways with uncovered parking on the top level shall have rooftop planters around the perimeter, integral to the structure, with small trees, shrubs and trailing vines to soften the building edges, except where a parking garage is adjacent to a commercial or mixed use building. 3. Parking structure lighting shall be a maximum of 20 feet in height. Lighting shall incorporate full shield cut-offs to contain light to the surface of the deck only. 4. Parking is allowed below occupied spaces, accessed from the rear. Parking areas are also permitted as parallel or angled parking on Main Street or side streets. e. Extensions over Pedestrian Ways Arcades, overhangs sign age, marquees, bay windows, and structural supports shall be allowed to extend over sidewalks. These allowable overhead encroachments shall be a minimum of9 feet clear above sidewalk. No allowable encroachment within the sidewalk shall reduce the clear walkable width to less than 5 feet at any point. f. Loading and Refuse I. Loading docks, solid waste facilities, recycling facilities and other services elements shall be placed to the rear or in the side yard of the building in visually unobtrusive locations with minimum impacts on view. EXH 0 - Mercato Design GuidelinL's (Bee Rev ¡ ().¡9·()5 clean 10BPSPUDPH Page 10 .., Refuse containers and tàcilities shall be hidden by an opaque wall or fencing of sufficient height to screen the bin and any appurtenances, but not less than 6 feet in height, chain link fencing is not acceptable. Walls shall be constructed of a material compatible with the principal structure it serves. Landscaping with vines or other plants is encouraged. Enclosures shall include opaque lockable gates to minimize blowing refuse. 3. Service area recesses in the building and/or depressed access ramps should also be used where applicable. 4. Businesses are encouraged to consolidate and share refuse areas and equipment. g. Drive-Through Uses (Not on U.S. 41 or Vanderbilt Beach Road) 1. Limited to a single automobile entry to the site from the main street, side street, or rear. If on a comer lot, an additional entry from the secondary street and/or parking area is pennitted. 2. Locate the building so that it fronts onto main street, canopies, and associated service areas sited behind the building. 3. The height of the canopy must be in scale with its associated building such that it is not visible from the street in front of the associated building. The minimum clearance of the canopy must be not less than 14 feet 6 inches and the maximum clearance must not be more than 16 feet. 4. Parking areas must be visually screened through the use of walls, fences and/or landscaping, with an emphasis on any portions fronting a street. VI. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 10.02.04 of the LOC. The proposed primary entry road shall be designed and constructed in accordance with Chapters 4 and 6 of the LOC. Other roadways within the Mercato MPUD shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC with the following substitutions: a. Streets and access improvements 1. Construction Standards Manual, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 2. Construction Standards Manual, Intersection Radii EXH D· 'vIercato Design (juiddines (Bee Rev 10-19·05 dean)OBPSPUDPH Page 11 Intersection radii: Street intersections shall be provided with a minimum of a 20 foot radius (face of curb) for all internal project streets and a 35 foot radius for intersections at project entrances. 3. Construction Standards Manual, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. Access Management Policy, Resolution No. 01-247 The project entrance on Vanderbilt Beach Road shall be permitted to be signalized upon meeting County requirements. b. Water Management 1. Water management berm side slopes - Berm side slopes may be 1:1 if properly stabilized with rip-rap, or other geotechnical product as designed by an engineer and acceptable by The County manager, or designee. Detention area side slopes may be 2: 1 if properly stabilized with planted ground cover, or geotechnical product. so long as the water management body is staging water vertically and not conveying water where velocity would be a concern. Rip-rap areas shall be planted to provide 80% opacity within 1 year of installation where visible from public rignts-of-way. 2. Water management subsurface storage - A subsurface storage system (pipes, chambers) will be designed beneath the parking fields for storm water attenuation volume. This subsurface system shall be permitted by SFWMD and is not designed for water quality treatment, nor for percolation credit. EXH D - Mercato Design Guidelinc" I Bee Re" 10·19-05 cleanlOBPSPUDPH Q) u . 1::'::':' co I:: ... ::I CO.;:; .2:1 Q) U Q) - ... '9~ ~; 'Õ I:: a. ï~ 1: Q) 0) -0= '5 E e e 11.._ ~ co > I:: co ~Æ Q) VI t: I:: ¿ .!!:! 0 0 a. O):¡:; -I:: co 0'5 :; Q) I:: 0) a.Q)¡¡:: co a. I:: ..c:QJo (/)-oU "5 o ¿"5::::i o U co .- .c u..c_ Q) ..... 0 ~ B e Q) a. Q) t:Q)-o ::: ~ '~ co _ _ Q)ò:>co Q)...- ..... l=oS ~ . ~ o.5.Q I::Ero r3 Q) 0 -0- Q).- co e>ð~ ja.co ... .2 Q) U . I:: >- co co ... ~ co.::.:. Q)- Õ ~ E c: ::I co E:s :£ ~ E-o QJ Loa. VI E _ roò:> 11.."'- . -0= roo-co >- . CO.c o .5 ~ Õ a::: E co 0 ~ Q) "5 ;;; 1?~.2:2 ~ e B ~ ê':-e~ ,g-gB.2 r3~a.~ .QQJ~,g .Eq;-oCO --- o , Ñ :5 '~ ..!!J ro (j) 0) c: 32 ... . COO) a.c: - co (J)..c: >< ..... Q) ~ ð c: C> "00 Q) o Q) a. CO () (J) '"C c: CO ....J ...... Q) ~ ...... (J) c: ·CO ~ I \ 7' -.. ~ ~ x >< ,,~ (~ ~ ~" ~x ~~ ~ ~ ~ 'Xx \\ ')<1)< ...",. o ~~~x ;V Large canopy tree at ~ / intersection underplanted with I CJ.N groundcover. ~~I~ Provide min. of 18" deep curb -......... ~ ~ cut-out to allow for 6" wide root ---.-... ~ ball. ~/~ x VN )!:~J 5' minimum clearance for » pedestrian walkway. ~ Provide at least 6' dear for ~ tall vertical trees, such as: ~ Calophyllum brasiliense, ~/: Areca, Paurotis Palm, ~ .~~ Noron~ia or Ugustrum " ~ ~)< ~ Japonlcum. ~ x ~ ~ ;4' ~ '~ xx Provide l' clearance between ~ planting bed and back of curb. J I I I I -----------------------_____-e=L_____J J1 u ~ ( =~ --------- r"-J Exhibit '8' Typical Side Street Landscape Design !/) Q) !/) !/) co C/)c» .....c: 0_ == '§ e u . Q) 2 Q;I -e> ..ccoO :J - U o Q.ul uwe -g-gel\ w :J or OJ 1/) == 0) E 01 co-- -co.... CI) a.. 0 I ~ I II) Q) '- :} ....; .S co ~ co ~ « Q) à c.. ..- ('CJ U en "0 c: ('CJ ...J LO I{\ I I r I ~ ~ OJ .!: e ïij - Q) a::: ~ I ~ ~ ~ .!J - Q) (/) Q) ~ Q) !/) ~ a.. à ..- W N 'cr ~ 12 0 E::ë ..c:~ :=: ~ ~'C If) W '- - W c: -(\ c: ã. . ~'-w o.W> 0.'00 o c: U _:J'C .....tnc: o W :J Owe a::~0I o :::: w.8.c Elf):': ro .9l ~ Q.'-'C ro~2....: .LJ_C:W _.c(\> w 01- 0 en .- 0. U - W (¡; '0 0J:'Cc: ~ 'C::J ow::>o ... u ... WJ]1,OI :is OI~ ~ :J .£; áj .Q 0'00...... ~'500 w.LJwlf) 01 '0 W 01 01._ If) (\C:>1f) _ 0 e (\ en ro 0. OJ 3: () :> c ,g a.. C> c: :§ '5 /XI", =u (1 (1 ....0 GlQj ðll) 9 in N .c u :J en ~~ 0I.c c: c: '2 0 .- 0 .1!!.c w (\ '-Q 01,- c: 0 .QQ) (\- If) 1::: .LJ>- 2 E .c ~ ~:2 rolf) f-(\ is (1 .0 Qj <II g> :§ Ë 9 in ~ ~a) _01 1!;1! ca IV 1l.C) "" GI .I: II) œ g ::J Ly ea ~ « () a. ea o en "U c ea .-J () C) ~ ea (9 C) c ~ L- ea a.. ea :;;.~ a. >. r- ü ..... 15 ..... ..c X lJ.I -5 QI '~ e>" IV QI ~ë ~-[ "C G; ~ ¡ -g ~ ]! ~ 8 QlQI" B Æ § ., QI e "" OJ c: IV ?; IV.c: 0 ~.,- -e5 a~ ,,0 ,~ g. IV QI ~"O ~io ~ LJ) _IV >< ~ CD .,..; 'ê> >- FEIVm ~~~ g b -á.~ ;æ :; -2 e .~ a) ~~o;g~ .b Zt:.... -...; . ~Q) ~.u~;'g ¡; 'J .91 "i:: ~ >M~Q)~ =æ~~~:] 1-.,.cUJ:¡ -5 QI li e>"O .!!,!! .c: c: 1! "Ocu...: c: "0 QI IV c: > ]1;8 8.QI"O Be! § .,;e 'g"OOJ "Iq ~.,- -e:; a~ "00 :I! 0- 'f!~ iD~ . ~ :; . ~ '~ " o .: ~.! )( æ ;",õ.. I ~ !f ~>- ~ ~ Æ . .- >- ,g>E!ijm ~~~~ ~"5.~~ ...... .Q c: ru . ~Š§:g* .: Zt:.... ~j3fÊ.g 1: "r ¡¡ ,!!! " ~¡.,;¡¡¡¡¡:§ ïi ~ I.! g» j 1-.,.cUJ:¡ r , I I L r ! L d> c: :§ :; .c c;; QI a:: m f ~ L<{ C) c: ¡:g L m c.. c: !£ L "§ c: C) ëñ ()) o ()) c.. m (J C/) "C c: m ....J C) "C CD - ()) ()) ~ - C/) c: m ~ - o ~ m ()) c:: >. c: o C) c: :s2 ~ m a.. - o >. m ~ I- ro (¡) (J ~ 'ë. ü: >. c: I- ._ - ..c O~ S ~ .c ~2 X 0 Wz r .5 Q) ..c: "tJ ~"ffi ';> 3= z e §¡~a. .-"tJ . I/) .- <13 Q) I/) Q) "tJQ)-- -- <13 C'J _ Q) ,5 <13 C'J E~<13 <13 c: -- - 0 <13 o..l/)C'J "ffi :; g>.e .!J 9 :52 ::J 0._ __ U >- ::J <13 = I- u a.. to ~- ~ ;ý' ~ I \.. \... ,/ r------ Ni3 '7 ::J Ò I/) .... Ë rñdB-- Q) ._ 0 ~'r§tV :: M g. '"5 r1 ...: .~~ .- a.. E t tl/)::J>- ~<ç>~Erô = Ln ~ .!!! 'ë ~xC'J~..c: Q)"';:::¡ C'Je I/) C'J I/) ::J 0 ::>I<I3WZ I <13 U ~ -- _0 «0 - <13 '-··m:ë ml/)C:C:E' õ <13 Q) 0 _ ..c:;: 0 B ~g~Zï= I/) 1/)'" _ 0 <13 -.DEo.. ~æE"ffi~ iü~ªa.E - >- I/) ~ro..c:z2 .- u a.. 0 ¡¡¡ >:e.Q:;::J eQ)<I3<13C'J a.>Üa.:::¡ ~ ~ I .. tV I/) U <I3'C ..c: .5 g .!!1 I/) a.. ...- ~ Q) 0 i:):.E . U a.. I/) "tJ <13 C'J c: ..c: ,5 ::JC:::=¡rj e tV..c: C'J= ~ 3= Q) x .3&J!:! r ..c: U ::; E Q) "tJ ';> e a. U n ,!(~ I u --- /( l~ 0 r'~ ro >c] ~ ~ C/) 0 I/) <13 ..c: U ::J I/) 1/)- E ro 0 ~E ~~ roro 1 I-a. "/::::'- (h~ ......;;..;..;;;;;::: .~ I/) 0 <13~ ..c: U <13 . ::J - Q) I/) 8 .5 -'C: ~ I/) 0 >- .D.D:! 2 = _ ..c:"'- I/) <13 c: Q) (¡¡ ~ .!::!!E ø tf Q) <13 "tJ..c:... .- U 0 :!C/)Z ~ A ~ ~ I [ 17'-:Jõ . " / I ~ u ¡~~ "l Vi' ~~ "I I ~ I I~ ~~D : if ,^, ~~ : ¡\ ~'\ ~ ~ I t"':'i'~~ ~l r\~f'} // II I v:::- kJ I ~ ~I (J" \\! o ~ l)/J i }>c:.< :-.. ~ I~ ~ Lf -..tJ ,^, (/~ .1 ci. '<13 o .- . c: . Q) Q) -c: "tJ C'J Q) c: ::J Q) :.Ewe» Q) -... .D~2 <13 2i.5 ~<I3S: <13 U - Q) <13 ¿ o...!J Q) <I3<13.D U E I/) I/) <13 ::J -g -, .!J <l31/)LI.. ::-<13_- ("t') ..c: >- . U <13 .5 ::J II) E C/) >- Q) . ~ "tJ I/) Q) .- ..c - > ::J c: o ... 0 ~~~ ~ ~ ~~ ~ Ã 0 ,,,--... f- "T~ '-- + A== " +\'--- I~,v +t:= +~ ±)- :::::---... ~ ~ I\. n' +---- +..-- ;>-<.. ;......., + /, 7/ \ J h~ .......... ~§~~ ~ ~ ~. Ii ~ I/) ::J- Q) -- ~ ~ ~ ~ _ C'J"ffiC'J ... => 0 o :>-, (¡¡ ~ ci. i:) ~ ~ U E- "tJ <13 I/) ~ ~ e~§ð~. a - ~~ ~:5 ·ê .3 ~.~ ~ l~ [-- ~ ,.. --- - +t::= ?C=>< ~ ~ ~ ~ o .:\ ~ :-; ~ ~ [)2 ~ /' ~ ~n Q) U 'ª Q) ..... c:: - Q) C) ro t- ro C> C) c:: ~ t- ro a.. - ro :.¡::. c:: Q) "'C '00 Q) ex:: oð ro Q) t- « Q) c... ro u en "'C c:: ro .....J ex:: - :::::> ~ ro u 'õ.. ~ . . ÜJ :t::: .c ..c: >< W -_._,."~.~,~,.,- .".-,----,.---.-,--.-. -z_ / .. ~ ~- - .._---_..... -., ~ , ) /::J /::E / ~ ~:~ :J- .'" '~' / ~~ ' . .,. .... ; v·" : . .' ,,11 " . ' , ...: / ,,"''''',.,. ; '" -, '/ "" .. .. " .. ,. , r .~.. ~. r ... ',... . "', '# .. -,; ",. . ' '"' ... ,r ,...J · , '0::" ." ~. ; .j' ,. .. I , ',": .' . ~ '........ ..,.'.... -.., 1 '.J' . ' ",. . ' .' .., ., .'# .' . ~ r '. , . . . I . . r I' " , ::J " ::E '... ...-'- .-....." > '\.. ~, ~/ 4IIÞ ',.,-r, '"">..,': ::J ::E I , , " , -, ': "~I w > a:: "-w VI w a:: "- ::J ::E / / / / / / / / / { / / / w > a:: "-w VI w a:: "- , I mJ ~m] / w > a:: "-w VI w a:: "- w -,'" « -' (LV 's'n) ll\f~l It'(VIIWl ..... ~" o a: ::I: u <1 w CD ':J ¡:¡; a: w o Z <1 :;> c .£;! a.. (/) C> C :¡:; c ro a.. c o :..-= ro '0 C :J o LL C> c '~ :J en '0 C ro Q) c. ro u (/) '0 C ro ...J Q) Q) '- I- - Q) Q) '- - en ro u "ã. ~ " . !:I- - :.ä :c X L.U "'''' i .:; b i '" ~ ~ ¡:: !:: u ~ !'!! B¡ u ~ ~ ~ J 0 ð , I~ !~ ~w ~¡~ 1" "~ " ~h~ h ! '~w gæ . ~ '~~I ~ II I~ \I ~ ~ "I ~ Ii. Ii. fi III ¥. L. 0 ¥. I!I - It;, [!' I W : li~ II! . ~§ (j)z hi ~i ~~ I ~ ~ I ~ I :LI I " I I <9 § ~ LL I ~~9 . <9 ::¡j....C LL Z ~g¡B¡ Z 0 ð~~ 0 ¡:: ~~c ¡:: Ü ~ Ö ". Ü, WOO / W"1 (j)~ / (j)~ ~ ( "- "- ~ ~ 3.: ).> ... ~~ H '#::t; ~! A1~~ ·~iU ;j P$ ~ c 6 z o ¡:: üoo w' (j)~ :[ ..J a: -- ~ ~~ ~ n_n_.~_n_/~¡ ~.... I .. 1 .L1 I n !i;~ 1\ ~ÔD W ~ ;rrlM' ~ <! __,._.._.._..L~ Lrn a. - -~' - 0: 117 FF-U ~ ~ ~~i ~ ~ ~ ""'"' \ ~ ~ ~~~ ~ ~~~ \ ~ c:r!i( ~ t;:t 0 ~ 9 8 ~ ~ ~ ~ \1 ~ ~ ~ i I. ~ 25 ~ ... "' (.) ~ '< c:( < z o ¡:: frl~ C/)z ~ ~~, I ~; ~$ ~ ~t-- ...J ___ ----- - -a. () u z o ¡:: ',I () I W IL! ';I.~~ ( ~ffi~ , C):! it I "It/: I ~~~ g~ ~~ .., "' I ]J r:b z o ¡:: trl~ C/)z ~ ~ ~ ð i ""~~ ... I w STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-58 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS rny hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of November, 2005. DWIGHT E. BROCK Clerk of Courts and ,S~êrkJ;",~ Ex-officio to Boarq>~.0f'··· .~~',.:y -', --... '. - . County Commissioq.È;;r·~2Y';\ '.~ . ',.;'":, :. Lluu ~,~~~..Y;~'~'o,~,~·;;::i ',. ~. \,~.. ..._,~~_"_~.4 ." ~J By: Ann Jennejo'~·~'.~ '. ...........~J~. ,..J ~,.....! -..,,, . Deputy Clerk ' J. ~" " __...____.~_"_'"._.",.,._.,_._'__.__.~~*^_._.~..._"^".__._",",._0",-""_," 170 RESOLUTION NO. 05- ABANDONMENT OF THE CDC DRI and DRI DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PURSUANT TO SUBSECTION 380.06(26), FLORIDA STATUTES (2005), RULE 9J- 2.0251, FLORIDA ADMINISTRATIVE CODE, PROVIDING FOR THE ABANDONMENT OF THE CDC DEVELOPMENT OF REGIONAL IMPACT APPROVED ON NOVEMBER 10, 1986; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE ABANDONMENT OF THE DRI, REPEAL OF THE DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE WITH POST - ABANDONMENT DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR RECORDATION OF NOTICE OF ABANDONMENT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the DRI Development Order for the CDC DRI (hereinafter, the Development Order) was conditionally approved by the Board of County Commissioners of Collier County, Florida on November 10, 1986 as Development Order 86 -2; and WHEREAS, the Development Order approved the development of a resort golf - oriented village community coupled with a marina village. The resort village was to consist of 4,000 residential units, a 300 room conference center, a health tennis spa, a 27 -hole resort golf course and club house, a private 18 -hole golf course and mixed retail and office centers servicing residents of the project. The marina village center was to consist of two, 300 room hotels, a marina specialty retail center, 600 wet boat slips, 200 dry boat slips, a harbor master facility and a yacht club on the property described in Exhibit A attached hereto (hereinafter the "DRI Property "); and WHEREAS, said Development Order conditioned development upon the issuance of a companion DRI Development Order by the City of Naples as to that portion of the project within the City's jurisdiction; and WHEREAS, the City of Naples denied the companion Development Order; and WHEREAS, the Department of Community Affairs ( "Department ") entered into a Preliminary Development Agreement on January 2, 2002, as amended on May 16, 2002, (hereinafter, the "PDA "), which authorized the development of 390 multi - family units, 120,000 gross square feet of retail development, and 50,000 square feet of office uses on the land identified in composite Exhibit "B "; and WHEREAS, Collier County approved botanical garden uses on the land identified in Exhibit "C" ( "Botanical Gardens PUD ") which land is included within the boundaries of the CDC DRI, and which is owned by a separate entity; and WHEREAS, both the City and County have approved PD and PUD zoning for a marina ( "Hamilton Harbor PUD ") on the lands identified in composite Exhibit "D ", which land is included within the boundaries of the CDC DRI and is owned by a separate entity; and 17p WHEREAS, the proposed Sabal Bay PUD does not demonstrate a unified plan of development with either Botanical Gardens or Hamilton Harbor; and WHEREAS, Section 380.06 (26), Florida Statutes, and Rule 9J- 2.0251, Florida Administrative Code, permit and establish the process for the abandonment of a development of regional impact; and WHEREAS, Collier Development Corporation, as developer and original applicant for the DRI, has applied to the Board of County Commissioners to abandon the CDC Development of Regional Impact pursuant to the above - referenced Statute and Rule; and WHEREAS, all owners of property within the CDC DRI have consented to said abandonment; and WHEREAS, the Southwest Florida Regional Planning Council considered the application on March 17, 2005, and found that the DRI was eligible to pursue abandonment and that no objections to the proposed abandonment exist, and has so informed the County and the applicant; and WHEREAS, the Florida Department of Community Affairs has reviewed the application and the recommendation of the Southwest Florida Regional Planning Council, and has discussed the application with the Collier County Community Development and Environmental Services Division Staff, and has determined that it does not object to the abandonment of the Development Order by the Board of County Commissioners and has so informed the County and the applicant of this determination in writing on March 18, 2005; and WHEREAS, all required public notices for hearings on the application have been published; and WHEREAS, the Collier County Planning Commission has conducted a public hearing on and recommended the approval of the application to abandon the CDC DRI and the Development Order and recommended the adoption of this Resolution abandoning the DRI and the Development Order. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1. RECITALS. The Recitals in the preceding "Whereas" clauses are true and correct and are incorporated herein by reference as if repeated verbatim herein. Section 2. ABANDONMENT APPROVED. The application for the abandonment of the CDC Development of Regional Impact and the Development Order is hereby approved. Section 3. FINDINGS OF FACT. The Board of County Commissioners hereby makes the following findings of fact: 1. Applicant owner requested the abandonment of the Development Order because circumstances and the DRI law have changed and the Applicant owner no longer seeks to develop a DRI sized project on the lands within it's ownership and control as described in composite Exhibit "E ". The development proposed after abandonment, not associated with PUDs approved subsequent to the CDC DRI, will consist of a maximum of 1,999 residential units, 48,000 gross square feet of office space and 176,000 2 0 17D gross square feet of retail space, which are 99.95 percent of the residential threshold, and 159.95 percent of the mixed use threshold set forth in Section 380.0651, Florida Statutes, and Chapter 28 -24, Florida Administrative Code, and therefore the development does not require DRI review. 2. The only development on the property that is described in Exhibit A and was authorized by the CDC DRI Development Order has been pursuant to the PDA, and therefore, no material adverse impacts to resources or existing or planned facilities have occurred. 3. Commitments within the Development Order regarding realignment of the Thomasson Drive - Rattlesnake Hammock Road intersection and assistance with the Lely Drainage Canal have either been accomplished or are subject to existing Developer Contribution Agreements between the Applicant and Collier County. Commitments regarding a school site and a fire station site shall be incorporated in the Sabal Bay Planned Unit Development Document for the resulting development, Ordinance Number . That Ordinance shall also contain appropriate mitigation in terms of preservation of wetlands and other environmentally sensitive areas, commensurate with the impacts of such development. 4. The development proposed after abandonment shall comply with: (1) the provisions of Ordinance Number , adopted is the Planned Unit Development Document for the Sabal Planned Unit Development project; and (2) the Collie r Development Code, as it may be amended. , which Bay Mixed Use County Land 5. Other impacts of the development proposed after abandonment will be adequately mitigated by compliance with the provisions of Ordinance Number and the Collier County Land Development Code. This includes, but is not limited to, the payment of all required impact fees, and compliance with the County's Concurrency Management System. 6. The developer has not relied on the benefits granted to developments of regional impact pursuant to Chapters 163, 403, and 380, Florida Statutes. 7. The abandonment will have no adverse impact upon, and is consistent with, the Collier County Growth Management Plan and land development regulations. Section 4. CONCLUSIONS OF LAW. The Board of County Commissioners hereby makes the following conclusions of law: 1. The CDC DRI is eligible for abandonment because the development planned and authorized after abandonment on the property described in Composite Exhibit E is below the applicable development of regional impact thresholds for residential, commercial, and mixed uses. Thus, the development proposed after abandonment is not a DRI 2. The development proposed after abandonment is consistent with the Collier County Growth Management Plan and Land Development Code, and does not need to be authorized as a development of regional impact to proceed. 3. The development proposed after abandonment is consistent with the Collier County Growth Management Plan and land development regulations so long as the post- abandonment development complies with 3 0, 170 Ordinance Number and the Collier County Land Development Code. 4. The proposed development after abandonment will be consistent with the State Comprehensive Plan, the State Land Development Plan, and the Southwest Florida Regional Policy Plan. Section 5. APPROVAL OF ABANDONMENT OF DRI, REPEAL OF DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE OF POST ABANDONMENT DEVELOPMENT WITH COUNTY REGULATIONS. 1. The application to abandon the CDC Development of Regional Impact is hereby approved, subject to the terms and conditions herein. 2. The CDC Development of Regional Impact and Development Order 86 -2 is hereby repealed in its entirety and shall be of no further force or effect. 3. All development after abandonment shall comply with all applicable permitting requirements and land development regulations of Collier County. 4. The terms and conditions of this Resolution shall be binding upon the Owner and its assigns or successors in interest. Section 6. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. Section 7. RECORDATION. The Owner shall record a Notice of Abandonment in accordance with Section 28.222, Florida Statutes, with the Clerk of the Collier County Circuit Court, as provided by Rule 9J- 2.0251, Florida Administrative Code. Section 8. EFFECTIVE DATE. This Resolution shall take effect as provided by law. ATTEST: DWIGHT BROCK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Marjori M. Student - Stirling Assistant County Attorney WORD- Abandonment Resolution 8- 31- 05.doe 4 Fred W. Coyle, Chairman EXHIBIT A 0� 170 Tract I Publix Shopping Center 72,638 square feet Tract E Eckerd Drug Store 14,400 square feet Tract F AmSouth Bank 4,000 square feet Total 91,038 square feet earn 10 1 i?F#IT B -1 Description of PDA Parcel Being a pars of Section 19, Township 50 South, Range 26 East and Part of Section 24, Township 50 South, Range 25 East, Collier County, Florida (Sable Bay) All that part of Section 19, Township 50 South, Range 26 East and Section 24, Township 50 South, Range 25 East, Colliet County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 24; Thence along the east line of said Section 24, South 00 °1417" West 173.15 feet to the Point of Beginning of the parcel herein described; Thence leaving said section line along the southwest right of way line of Tamlaml Trail (U.S. 41) South 39 °04'27" East 643.93 feet; Thence leaving said light of way line South 03 °07'44" West 210.69 feet; Thence South 50 055'33" West 109.02 feet; Thence South 39 °04'28" East 223.02 feet; Thence North 50 °55'33" East 250.55 feet to a point on the southwest right of way line of said Tamiaml Trail U.S. 41); Thence along said right of way line South 39 °04'27" East 86.00 feet; Thence• leaving said right of way line South 50 °55'33" West 449.00 feet; Thence southwesterly 4.39 feet along the are of a circular curve concave to the southeast having a radius of 8.00 feet through 'a central angle of 3142625" and being subtended by a chord which bears South 35 °12'20" West--4.34-feet; .Thence South 19 *29'07" West 4.70 feet; Thence southwesterly 28.53 feet along the arc of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 °26126" and being subtended by a chord which bears South 35 °12'20" West 28.18 feet; Thence South 50 °65'33" West 17.08 feet; Thence southwesterly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31.47'18" and being subtended• by a chord which bears South 66 *49'12" West 10.95 feet; Thence South 50 °55'33" West 107.35 feet; Thence South 39 °02'44" East 896.09 feet to the northwest line of a 120' drainage easement as recorded in OR Book 157, pg. 269, Collier County Public Records, Collier County Florida; Thence along said easement liras South 40 °52'10' West 40.63 feef; Thence leaving said easement line North 39 002'44" West 935.42 feet; Thence North 74 *11'12" West 273.05 feet* Thence South 61 044141" West 85.38 feet; Thence southerly 71.88 feet along the arc of a circular curve concave to the west having a radius of 90.00 feet through a central angle of 45 *4541" and being subtended by a chord which bears South 16 °08'08" West 69.99 feet; Thence South 39.00'59* West 26.13 feet; Thence southerly 342010kiiong the arc of a circular curve concave to the eastliavir[g a radios of 60.00 fee through a central angle of 32'39'20" and being subtended-6y a chord which bears South'22 °41'19" West 33.74 feet; ... Thence South 06 "21'39* West 50.13 feet; ' Araples Fort fters Sarasarte Bradvatnit humps Taltsrhassoo .M«ss.«�.c v te�F�awwe =0V&*LsM &fta 9 Nspt fl d*J4105-MW 941 -648 -4MIM 941 -s43 -Errs NMemaRtgNr.Inr- HifeJt4C000r70 CA-0 P IX?IUT B-2 Thence southwesterly 240.08 feet along the arc of a circular curve concave to the north having a radius of 130.00 feet through a central angle of 105 °48'48" and being subtended by a chord which bears South 59 "16'03" West 207.39 feet; Thence North 67 °49'33" West 50.39 feet; Thence northwesterly 120.79 feet along the arc of a circular curve concave to the northeast having a radius of 280.00 feet through a central angle of 24 "43'02" and being subtended by a chord which bears North 55 °28'02" West 119.86 feet to a point of reverse curvature; Thence westerly 154.54 feet along the arc of a circular curve concave to the southwest having a radius of 170.00 feet through a central angle of 52 005'09" and being subtended by a chord whtch'bears Notch 69 °09'05' West 149.28 feet to a point of reverse curvature; Thence westerly 149.00 feet along the arc of a circular curve concave to the north having a radius of 658.56 feet through a central angle of 12 057'48" and being subtended by a chord which bears North 88 "42'46" West 148.68 feet to a point of reverse curvature; Thence southwesterly 200.48 feet along the arc of a circular curve concave to the south having a radius of 400.00 feet through a central angle of 28 "42'58' and being subtended by a chord which bears South 83 "24'38' West 198.38 feet to a point of compound curvature; Thence southwesterly 89.67 feet along the arc of a circular curve concave to the south having a radius of 720.55 feet through a central angle of 07 007150• and being subtended by a chord which bears South 65 °29'15" West 89.61 feet to a point of reverse curvature; Thence southwesterly 231.31 feet along the arc of a circular curve concave to the north having a radius of 330.00 feet through a central angle of 40 "09'39' and being subtended by a chord which bears South 82 °00'09" West 226.60 feet to a point of compound •curvature; Thence northwesterly 534.66 feet along the arc of a circular curve concave to the northeast having a radius of 1164.47 feet through a central angle of 26 01825" and being subtended by a chord which bears North 62 "36'02" West 529.97 feet to a point of compound curvature; Thence northerly 240.24 feet alorig the arc of a circular curve concave to the east having a radius of 155.00 feet through a central angle of 88 "48'19" and being subtended by a chord which bears North 08 °5945* West 216.91 fee% Thence North 35 "24'25" East 170.65 feet; Thence northwesterly 13.12 feet along the. arc of a circular curve concave to the northeast having a radius of 1017.00 feet through a central angle of 00 "44'20" afld being subtended by a_chord which bears North 51 *30'127 West 13.12 feet; Thence North 51 °08'02" West 1192.89 feet; Thence northwesterly 459.98 feet along the arc of a circular curve concave to the southwestfiaving a radius of 708.00 feet through a central angle of 37 "1328" and being subtended by a chord which bears North 69'44'46* West 451.93 feet to a point of reverse curvature; Thence northwesterly 58.20 feet along the are of a circular curve concave to the north having a radius of 200.00 feet through a•central angle of 16 "40'24" and being subtended by a chord which bears North 80 "01'18* West 58.00 feet Thence North 71 041'06" West 68.54 feet to a point on the south right of way line of Thomason Drive (S.R. 864); Msaeoewa... 179 XHIBIT B -3 Thence along said right of way line in the following two described courses; 1. North 89 °35'35" East 520.56 feet; 2. North 89 °42'30" East 2587.54 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record Containing 83.07 acres more or less Bearings are based on ,, on the . e east line of Section 24 being South 00 °14'17" Wes 13y 4 • - �l� �' c —,_ Date Michael H. Maxwell, P.& M. L894650 Certificate of Authorization # LB-43 Ref. 4D -110 wros•.oa. w:ax.awire COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Kay Deselem, AICP 0 Date: 9(c7$ Petition No. (If none, give brief description): DRIABN- 2004 -AR -6251, CDC Collier Development Corporation Petitioner: (Name & Address): George Vamadoe, 821 Fifth Avenue South, Suite 201, Naples, FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier Development Corporation, 3003 Tamiami Trail N., Suite 400, Naples, Fl. 34103 Hearing before BCC BZA Other Requested Hearing date: October 25, 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: DRIABN- 2004 -AR -6251, Collier Development Corporation (CDC) represented by George Vamadoe, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DRI) for the CDC Planned Unit Development (PUD). The existing DRI will be reviewed under the DRI rules to determine if the project now falls below the applicable criteria for a DRI. Three existing PUDs (CDC DRI PUD, Botanical Gardens PUD and Hamilton Harbor PUD are currently within the CDC DRI, but, if the DRI is abandoned, the Botanical Gardens and Hamilton Harbor projects will be free - standing PUDs, not a part of any DRI. Companion petition(s), if any & proposed hearing date: Companion to PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD, October 25, 2005 Does Petition Fee include advertising cost? Yes 113- 138312- 649110 Reviewed by: `� lzY aS De ent Hea Sinrl�y Date List Attachments: No If Yes, what account should be charged for advertising costs: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received -9 Date of Public hearing:I Date Advertised: 10 1!9 [0r; 170EXHIBIT D -7 cduc cam!„ JEW& !for .•+� r ..�. J3N that pars of Sec9ons 22.23 and 27. Tovmship 50 South, Flange 26 East, Collier CCU*, Rordda being more pardcu[at#y descxibedas follows: Be&ft at the southeast comer of said Section 22; !hence along the east tine of add Seadon 27. South 00.2219" West 2328.84 feet; thence leavinO said section One South 89.32'18" West 1290.14 feet thane Nodh 00MM* West 331.71 feet radius of 800 s �h central the aro of a tangential circular curve c onoeve to the soud�,east having a 28'52'06" East 807.81 feet to a palm of�reverse cu w ��; Ong sc�bterrded by a dtiond which baste North thence notthet#lr 1Oi 126 feet along the aro cf a tanger�a! otrcular curve concave t01ha northwest having a 211136210 g 780 73 feet through a oenihal angle of 77.10'46" and being subtended by a dx)rd v Mch been North East 1338.52 feet; thence North liragw Wes! 450.5g feet; thence north 80'00`29" East 22622 feet MOM nortiteastetl r 113.41 feet atom the aro of a tangential droUtar curve concave io �e rrorthwe h a radius of 150.00 through a central angle of 48.49'08" and being sctbbenc�ied by $chord vYort h bears North 28.28'43" East 110.73 feet to a point of compound ctnvaturo; 4 fed through 320-89 t along the am of a tangential circular curie conemg to the west hang a radius of West314.95 teat to $ point of r curva$nd being subtended a iota which beats No 12'21'57" they northerly 109.87 feet along the arc of a tangential circular curve oonoave to the east ha 100.00 feet through a central angle of WOW and being btubWWed by a chord vrhtdt bears � at radius Of West 104.28 feet to a paint of reverse cWvatun3. wing 00.08'54' thence thotl♦`teas%rty 171.22 feet along the am of a tarhgengal circular curve concave to the west having a radius of 180.00 feet ft wAgh a central angle of W30W and being subtended by a chord which bears North 04'04'16" � 164.83 t604- thence Notts 23.10'4 gW;est 123.01 feet'; "orthwast�oriy and easterly 197.05 feet along the aro of a tangential drxtular curve 0 nave to tie heasi having a radius of 100.00 feet through a central angle of 112`54'00" and being subtended by s chord which bear; North 33'1VIew East 166.68 feet•: . .thence NOM 89'4348". East 110.00 feet; thence eaabd and nofilmesterV 213.10 feet along the as of a tangentiai circular curve concave to the a radhr8 of 100.00 feet through a central anggle of 122 '06'00" and betty subtended by a Chord Bch beam math 28.40'18" East 178.01 feet to a point of werse,cu "U. thence nctIWV and norlheastedy 78.89 feet along the am of a .having a radius of ftoo feetthrough a central angle of 90.10 -20" and tit s too* east North 12"4228" East 70.82 feet; being subtended by a chord Which bears illtenae North ST4738" East 67.48 feed thence ncrthatfy and notthwesterty 194.01 feeralong Use arc of a tangential dreular curve concave to the west ham a tactics of 75„00 feet through a cent W -angle of 146.12'48" and betnti ceded t Nash 16'18'48" West 144.27 fo by a chard vdhtah Met" South 89'54'51" West 30.00 feet; . M"I westerly and•soutfhwes%O 167:08 feet along the are of a tangential dMular am soudteast having a tarp of 100.00 feef a c wftr angle of 90.00'00" V"dh be and being subtended by a chord beats South 44.34'61* West 141.42 f t HMOD South 00428'08' East 16g.59 feet; thence sctditw+esbsrt jfI 8 feet along the arr� of a tangential drexular curie omme to the northwest having a radius of 60:00 test a central angle of 72.1028" and being subtended by a chord w ft be" South W*40W Wad 68.80 raPlaa Fart SrJrars Sar"B" TataPa raJ/ahassoe PaAsara 471ty #Saab MM#WLNA &O2l017 MMArP4ftqdtrA 84f- 6t8^dOKi iii' 941 -643, T7B v W=aUM4jMW.aam WS- M00- -» rL L"L"Mov 17 OXHIBIT D -2 W/IspnMlAer thence South 71.45'99" West 118.04 feet; thence southwesterly and soUIIretty 248.54 feet along the arc of a tangential droular curve concave to the southeast huff a radius of 150.00 feat through a central angle of 94.58'0311 and being subtended by a chord which beats South 2417'18".Kest 221.07 feet; OmMe South 23'10144" East 123.01 feet; thence southerly and pout mosledy 1o1.05 feet along the arc of a tangential circular curve cones to the rrorommat Wng a radius of 80.00 feet through a ventral angle of 115'47'41" and being subtended by a chord which bears South 34.43'14" West 84.71 feet 110 a point of compound curvmre; radius nOTV n 266.08 feet along She am or a tangendial drvutar curve Concave to #0-northeast shaving a radius of 20.0 fO a centred =910 of 68.41"32" and being subtended by a charts which bears t3orth thermAorih 20.4124" West 195.09 feet; Irmo of 280.00 � through � along the arc of a tangential circular curve ooncsave to the east having a ugh a central angle of 83.54 40' and being subtended by a chord which bears North 11.18�e" t .set 296.39 feet in a point a neverae c�rvatha�e; . thence ir the , irariltetty and n0dhwesterlr 516.02 feet alongAhe arc cif a t mgenttal cimlar curve having a radius of 800-00 fed through a central angle 0198.33'08".aundteing subtended by a chord wlhtdr tears North 06.03'18" West 454.72 %et* thence North 55.19'52" West 528.e8 feet; thence North 02.23'16• East 275.02 feet ; thence Rp!# easterly 77.62 feet slang the arts of a tarhgengat dry ular curve Ome ave to the southeast having a radius of 50.00 feet through a ventral angle of 883 6704" and being subtended by a dmM which bea NoNam 46'51'48" East 70.013 feet to a point of reverse curvature; ts thence northeasterly 731.46 feet along the are of a UMentW ciradar curve concave to the north ha*g a radius of IM 00 feet through a ventral angle of 34 M29" and being subtended by a chord vvhtch bears Noah 73.52 6" East 720.19 That t0 a point of reverse vurvatxx+e; thence northeasterly, northerly and northwesterly 134.88 feet along the arc of a tangenfial circular curve conoavG to the west having a radius of ao.00 feet Waugh a central angle d 154'3348" and being subtended by a dead whtoh bears North 20 '152"02" West 97.55 feet to a point of reverse curvature; @sense Westedly Md•northeaderl► 71.31 feet along the am of a tangential circular cuuve concave to the northeast having a radius of 35.00 feet thmgh a central angle of 116'44`18" and being sttbtended•by a chord which beam 1400 34046`46" West 59.e0 feet; thence North 18.35'25" East 88A5 feet; thence North 13•4WGV East 340.07 feet; thence North 07'08'58" rest 181.59 feet;_ thence North 82.59'1tr" west 35.00 feet f . te h m NOM 07 '00'80" East 14.74 feet: thestce NCO 89.18'51• Fart 527.45 feel; Mum South 00`13'12' EW 335.51 thence I+lor#tt 8924'5x' East 1333.23 feet; ttrerhCa NO& 00.8230" west 30 00 feet; Szeme North 89`24'52" East 50.00 feet; Om" South 00"9x3tr East 537A5 Beet; thence south 00 "2m" west MAO feel; thence South �1.�(y�� East 453.00 feel t�tsemoe south 8974240 West 470.01 fleet; tm= South 08.06'04" Fes# 203929 feet to thq Point of Beginning of the parcel herein described; Subject th easetrteilts anti rssUMOns of record. Ctatdning 124AS ashes move or less. :,Iw&%4m* .Page2 of 3 17qXHIBIT D -3 INIOHMIffer Neirt>ked w bi Pry asst 4 Dpl a&AV AND: Ali tisat part of Secson 27, Township 50 South, Range 26 East, Collor County, Florida, being more par8cadariy des+ NI p ae tbliovre; Commenoing at the Northeast confer of said Seollon 27; thence along the east line of said Oeodon 27 South 00'23'12" West 2694.18 feet to the Punt of BegtrMhV of the parod herein described; tfrenoe continue along sold Sectlan line South 00'2-'14" West 2689.01 feet to the South Ilati of saki Section 27 thence abltg acid South One South 89'31'09" Vlfest758.84 feet thence leaving said Section line along a Bulldread One per Collier County Buldwad-lins Book 1, page 3, O.R. Book 1149, pages 1303 -1304, Collier County, Florida In the following four described oourses; 44484488 feetthrough a central ark& of irivi d �oon� to �e east h boa a radius of 00'07 4" East 984A5 feet: � �' a � �� l�s North ?� North OB'17'" East 770.62 feet 3l tsart wfy and North*ft6srty 668.67 feet along the am of a tangential circular curve concave to the Southwest having radius of SIT. U feet through a central angle of W44'3r and- being subtended by a c[wrd vvirtch been North 80'08'16" West 613A5 feet to a point of mverse ourvature; 4 Northvuederty and Northerly 549.88.feet along the woof a tangential droolac cum oonom to the having a radius of 477x38 feet through a centred angle of 68.00W"and Tieing subtended by a chord Vftch bears North 33'27'33" West Gi o.98 Motto the South 6ne of Govemment Lot 1 thence along the South be of said Goverrmzent Lot 1 and ImVing said Bulk 2'1 head One North 89.36* East '1284.80 feet to the Point of Beginning of the parcel herein described. Subject to and restrfcIlons of r000rd Containing &f acres more orfss Bearings are based on the east One of said Section 27 being South 00'2343 West (per State Plana Cooi* ate System. FWda East Zone, NAD 83 Adjustnmf). Totat Parcel Contains 175A4 Acres more or less. WllsonMiler, Inc. aet W. tvlax fell, PSM #4 80 W va$d unless embossed with the P"lonafs seat. FW.4D4N$ Pft NO2R9- 007.018 Daft October 20, 2002 *w=wMN wata w* I RNs Page3 of 3 179xHIBIT E -7 LEGAL DESCRIPTION: All of Section 25 and part of Sections 23, 24,26 and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows: Beginning at the Northeast Corner of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00'22'18" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00° 20' 3T' West 2,685.56 feet to the Southeast Comer of said Section 25; Thence along the East line of Section 36 South 00 °19'56" West 1,518.00 feet; Thence North 87°28'51" West 5,326.38 feet; Thence North 00°14'25" East 1,254.17 feet to the North West Comer of Said Section 36; Thence along the south line of Section 26 South 89 °3222" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 °29'09" West 2,696.69 feet to the Southwest corner of said Section 26; Thence along the West line of said Section 26 North 00 °22'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00°22'20" East 2,690.20 feet to the Northwest Corner of Said Section 26; Thence along the West Line of Section 23 North 00006108" West 1345.66 feet; Thence Continue along the West line of Said Section 23 North 00007'16" West 693.72 feet; Thence North 89 °29'07" East 469.67 feet; Thence North 00 °04'49" West 453.06 feet; Thence North 89 030'33" East 916.44 feet; Thence North 00°31'29" West 567.34 feet; Thence North 8902753" East 300.00 feet Thence South 00°32'07" East 60.00 feet; Thence North 89 °28'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67 -69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00 046'37" East 308.52 feet; Thence Continue along said West line South 00 °40'46" East 673.87 feet to the Northwest Corner of Lot 70, of said Naples Groves and Truck Co's Little Farms No. 2; Thence along the North line of Said Lot 70 North 89°27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence Along the East line of Said Lot 70 and Lot 71 of said Plat South 00 043'14" East 674.00 feet to the Southeast comer of Said Lot 71; Thence along the South line of Said Lot 71 South 89 °28'25" West 1,322.26 feet to the Southwest corner of said Lot 71; Thence along the West line of Said Plat South 00"42'15" East 1,347.80 feet; Thence continue along said West line South 00120'27" West 1,344.53 feet to the Southwest corner of lot 79 of said plat; Thence along the South line of Said Lot 79 North 89 °31'43" East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest comer of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00 °19'29" West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North. 89 °31'42" East 673.39 feet to the Northwest comer of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00°12'23" West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89 °31'43" East 672.16 feet to the East line of Said Lot and the west line of said Section 26; Thence along the East line of Said Section 26 North 00 °19'29" East 2,688.11 feet to the Northeast coiner of said Section 26; Thence along the East line of said Section 23 North 00 °42'49" West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No. 2. Thence along the South line of said Lot 91 South 89 027'26" West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00 °4737" West 337.27 feet; Thence along the North line of said Lot 91 North 89°30'5T' East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 °44'44" West 1,011.86 feet; Thence Continue along said East Iine North 00 °34'32" West 752.45 feet to the Southwest corner of that land descried in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89 °31'59" East 1,289.77 feet', Thence along the East Iine of said Land North 00 042137" West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89035'12" East 1399.52 feet; Thence continue along said Right of Way line north 89035'12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); Thence along said Right of Way of US 41 of South 39003'59" East 1266.82 feet; Thence continue along said Right of Way South 39 °03'59" East 5,193.08 feet; Thence Along the boundary of that land described in Official Record Book 2605, page 2484, Records of Collier County, Florida in the Following three (3) described courses; 1) South 88°'13'29" West 373.28 feet; 2) South 01 °46'31" East 166.40 feet, 3) North 88 °13'29" East 500.00 feet to the Westerly Right of Way line of Said US 41; Thence along said Right of Way line South 39 °03'59" East 62.85 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88 013'29" West 1,636.98 feet; 17 &HIBIT E-3 Thence Continue along said South line South 88123'16" West 2,491.52 feet to the POINT OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.08 acres more or less. Bearings are based on the North Line of Section 19 being N89 042'24" E — Florida State Plane — East Zone 83 -90 Adjustment. ` 17D October 4, 2005 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition DRIABN- 2004 -AR -6251 (CDC Collier Development Corporation) Dear Legals: Please advertise the above referenced petition on Sunday, October 9, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk Charge to: 113 - 138312- 649110 17D NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 25, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PURSUANT TO SUBSECTION 380.06(26), FLORIDA STATUTES (2005), RULE 9J- 2.0251, FLORIDA ADMINISTRATIVE CODE, PROVIDING FOR THE ABANDONMENT OF THE CDC DEVELOPMENT OF REGIONAL IMPACT APPROVED ON NOVEMBER 10, 1986; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE ABANDONMENT OF THE DRI, REPEAL OF THE DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE WITH POST - ABANDONMENT DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR RECORDATION OF NOTICE OF ABANDONMENT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE The Board will consider Petition DRIABN- 2004 -AR -6251, Collier Development Corporation (CDC) represented by George Varnadoe, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DRI) for the CDC Planned Unit Development (PUD). The existing DRI will be reviewed under the DRI rules to determine if the project now falls below the applicable criteria for a DRI. Three existing PUDs (CDC DRI PUD), Botanical Gardens PUD and Hamilton Harbor PUD are currently within the CDC DRI, but, if the DRI is abandoned, the Botanical Gardens and Hamilton Harbor projects will be free- standing PUDs, not a part of any DRI. (Companion Petition: PUDZ -A- 2004 -AR -6126 Sabal Bay PUD, October 25, 2005) Information and reports on the Development of Regional Impact application may be reviewed in the Community Development and Environmental Services Division, Development Services Building, Planning Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. 17D All persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: / /Heidi R. Rockhold, Deputy Clerk (SEAL) Heidi R. Rockhold From: Heidi R. Rockhold Sent: Wednesday, October 05, 2005 8:28 AM To: 'legals @naplesnews.com' Subject: DRIABN- 2004 -AR -6251 - CDC Collier Development Corp Attachments: DRIABN- 2004- AR- 6251.doc; DRIABN- 2004- AR- 6251.doc L egal s, Please advertise the above mentioned notice on Sunday, October 9, 2005. OA lw�] DRIABN- 2004 -AR -6 DRIABN- 2004 -AR -6 251.doc (29 KB... 251.doc (31 KB... If questions, please call. Thank vou, Heidi R. Rockhold, Minutes and Records Department 239 -774 -8411 ( heidi.rockhold((- clerk.collier. fl. us) Heidi Rockhold Heidi R. Rockhold 17 From: ClerkPostmaster Sent: Wednesday, October 05, 2005 8:28 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT2566103.txt; DRIABN- 2004 -AR -6251 - CDC Collier Development Corp L1 ILI ATf2566103.bct DRIABN - 2004 -AR -6 (231 B) 251 -CDC Coll... This is an awomatically generated Delivery Status Notification. Your lw(- ssS`age has been succcs,Sfltlly rcla'ye l to thefioll()ivin recipients, but the requested delivery status notifications nwl' slot be generate d by the Gl£',stillatiott. C %)lapkl sYlei+s.coin Heidi Rockhold Heidi R. Rockhold From: System Administrator [postmaster@napiesnews.com] Sent: Wednesday, October 05, 2005 8:27 AM To: Heidi R. Rockhold Subject: Delivered: DRIABN-2004-AR-6251 - CDC Collier Development Corp Attachments: DRIABN-2004-AR-6251 - CDC Collier Development Corp LI DRIABN-2004-AR-6 251 - CDC Coll... <<DRI.4BN-2004-AR-6-"51 - (Y)CCollier Development Corp>> Your Incssage To: legals (iv,, n ap les i i ei vs. ("On/ Sul?ject.- DRI4BjV-2004-AR-0251 - CDC Collier Development Col Sent: Wed, 5 Oct 2005 08:27:42 -0400 vvas delivered to the fallowing re(.JpienI(.v).- legals on TJ/(?d, -5 Oct 2005 08:26:47 -0400 Heidi Rockhold DRIABN- 2004 -AR -6251 - CDC Collier Development Corp It Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, October 05, 2005 10:54 AM To: Heidi R. Rockhold Subject: RE: DRIABN- 2004 -AR -6251 - CDC Collier Development Corp OK - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold @clerk.collier.fl.us] Sent: Wednesday, October 05, 2005 8:28 AM To: legals @naplesnews.com Subject: DRIABN- 2004 -AR -6251 - CDC Collier Development Corp Le,gals, Please advertise the above mentioned notice on Sunday, October 9, 2005. «DRIABN- 2004- AR- 6251.doc>> «DRIABN- 2004- AR- 6251.doc>> If'duestions, please call. ThankYou, Heidi R. Rockhold, Minutes and Records Department 239 -774 -8411 (heidi. rockhold @clerk. collierf 1. us) 10/5/2005 Page 1 of 1 l ?0 170EXHIBIT C Description of part ofSectian 23, Township 50 South, Range 25 East, Collier County, Florida (Tie Botanical Gardaos) Alt that part of Section 23, Township 50 South, Range 25 East, Collier County, Florida, being mm particularly described as tbllswst Com=mcing at the north Vs corner of said Section 23; tbmm Souuh 00942.47" East 50.00 feet to the Point of Beginning of the parcel of land bwein descn'bed; thence continue Swth 00 042147" Esst 2348.72 feed thence South 9902410S West 480.26 feet= thence North 001331i7 West 60A0 jie3 thence Samth 89°14105" Wart 300.00 few tbeaca North 00°33'1T' West !8345 feet; thence North 00°2875" West 12SL7S feed tireaoe aordicasictly 78.30 feet along the are of a tangential circular curve concave to the southeast having a radius of 50.00 feet through a ceaetnyd angle of 84 043124" and being s -1 iendcd by a chord which bears North 44123`17' East 70.54 feet; theacc North ti9°14159" East 1222.17 fast to the Point of Beginning of the pared of bud buds described; Subject to moments and restrictions of record Containing 68.36 acres more or less. atrs.rs 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper I time(s) in the issue October 9th, 2005 giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ✓ , .... ( Signature of affiant) Sworn to and subscribed before me This October 9th, 2005 e b47 t..Cy7 (Signature of notary public) / iarl iett Busllery E1P nAVs''MMIS iGf r - ,x=340 i'XRIPc'- 17p Dove. 0 rep lopmoff Regional Impact a; cation may be revlei In the Community De opment and Envir Sian taDleve opment s4 teas Building, Plann 2800 North Hb ses Drive, Naples, Fior All Interested part raewro Invited to attend to speak Ana AT ami In it oN ct j rd Prior to the put - VON" the Boar w I become a Parma nmt Part of the record. Any Person *Who decid 03 to al a decislot of the �Boaarrdd Will need i record of the proceed Ings Pertaining thereto need t0 ensure the 8n verbatim record of the Proceedings Is made, gch record includes testimony and evi- ce upon whlc the appeal IS based. u OF COUNTY ISSIONERS IER COUNTY, N. COYLE, CHAIR- HT E. $ROCK, Heidl R. Rockhold, a. _B ' '00.1242187 17D MEMORANDUM Date: November 30, 2005 To: Kay Deselem, Principal Planner Zoning and Land Development From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -396 Abandonment of the CDC DRI and DRI Development Order Enclosed please find one (1) copy of the document as as referenced above (Agenda Item #17D) approved by the Board of County Commissioners on Tuesday, November 15, 2005. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 170 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 throw #4, complete the checklist, and forward to Sue Filson line 45). Route to Addressee(s) Office Initials Date (List in routing order) 1.Sandra Lea CDES Administration 2. i —Ak 3. E 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Attached Kay Deselem November 15, 2005 Phone Number 1213-2931 Agenda Item Number 117.D. Number of Original Documents Attached INCTRU TinNC R. 9-nur wir icT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC �J Chairman and Clerk to the Board and possibly State Officials.)/ 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 7 "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 77 The document was approved by the BCC on November 15, 2005 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17D RESOLUTION NO. 05 -396 ABANDONMENT OF THE CDC DRI and DRI DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PURSUANT TO SUBSECTION 380.06(26), FLORIDA STATUTES (2005), RULE 9J- 2.0251, FLORIDA ADMINISTRATIVE CODE, PROVIDING FOR THE ABANDONMENT OF THE CDC DEVELOPMENT OF REGIONAL IMPACT APPROVED ON NOVEMBER 10, 1986; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE ABANDONMENT OF THE DRI, REPEAL OF THE DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE WITH POST - ABANDONMENT DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR RECORDATION OF NOTICE OF ABANDONMENT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the DRI Development Order for the CDC DRI (hereinafter, the "Development Order ") was conditionally approved by the Board of County Commissioners of Collier County, Florida on November 10, 1986 as Development Order 86 -2; and WHEREAS, the Development Order approved the development of a resort golf - oriented village community coupled with a marina village. The resort village was to consist of 4,000 residential units, a 300 room conference center, a health tennis spa, a 27 -hole resort golf course and club house, a private 18 -hole golf course and mixed retail and office centers servicing residents of the project. The marina village center was to consist of two, 300 room hotels, a marina specialty retail center, 600 wet boat slips, 200 dry boat slips, a harbor master facility and a yacht club on the property described in Exhibit A attached hereto (hereinafter the "DRI Property "); and WHEREAS, said Development Order conditioned development upon the issuance of a companion DRI Development Order by the City of Naples as to that portion of the project within the City's jurisdiction; and WHEREAS, the City of Naples denied the companion Development Order; and WHEREAS, the Department of Community Affairs ( "Department ") entered into a Preliminary Development Agreement on January 2, 2002, as amended on May 16, 2002, (hereinafter, the "PDA "), which authorized the development of 390 multi - family units, 120,000 gross square feet of retail development, and 50,000 square feet of office uses on the land identified in composite Exhibit "B "; and WHEREAS, Collier County approved botanical garden uses on the land identified in Exhibit "C" ( "Botanical Gardens PUD ") which land is included within the boundaries of the CDC DRI, and which is owned by a separate entity; and WHEREAS, both the City and County have approved PD and PUD zoning for a marina ( "Hamilton Harbor PUD ") on the lands identified in composite Exhibit "D ", which land is included within the boundaries of the CDC DRI and is owned by a separate entity; and 17D WHEREAS, the proposed Sabal Bay PUD does not demonstrate a unified plan of development with either Botanical Gardens or Hamilton Harbor; and WHEREAS, Section 380.06 (26), Florida Statutes, and Rule 9J- 2.0251, Florida Administrative Code, permit and establish the process for the abandonment of a development of regional impact; and WHEREAS, Collier Development Corporation, as developer and original applicant for the DRI, has applied to the Board of County Commissioners to abandon the CDC Development of Regional Impact pursuant to the above - referenced Statute and Rule; and WHEREAS, all owners of property within the CDC DRI have consented to said abandonment; and WHEREAS, the Southwest Florida Regional Planning Council considered the application on March 17, 2005, and found that the DRI was eligible to pursue abandonment and that no objections to the proposed abandonment exist, and has so informed the County and the applicant; and WHEREAS, the Florida Department of Community Affairs has reviewed the application and the recommendation of the Southwest Florida Regional Planning Council, and has discussed the application with the Collier County Community Development and Environmental Services Division Staff, and has determined that it does not object to the abandonment of the Development Order by the Board of County Commissioners and has so informed the County and the applicant of this determination in writing on March 18, 2005; and WHEREAS, all required public notices for hearings on the application have been published; and WHEREAS, the Collier County Planning Commission has conducted a public hearing on October 6, 2005 and recommended the approval of the application to abandon the CDC DRI and the Development Order and recommended the adoption of this Resolution abandoning the DRI and the Development Order. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1. RECITALS. The Recitals in the preceding "Whereas" clauses are true and correct and are incorporated herein by reference as if repeated verbatim herein. Section 2. ABANDONMENT APPROVED. The application for the abandonment of the CDC Development of Regional Impact and the Development Order is hereby approved. Section 3. FINDINGS OF FACT. The Board of County Commissioners hereby makes the following findings of fact: 1. Applicant owner requested the abandonment of the Development Order because circumstances and the DRI law have changed and the Applicant owner no longer seeks to develop a DRI sized project on the lands within its ownership and control as described in composite Exhibit "E ". The development proposed after abandonment, not associated with PUDs approved subsequent to the CDC DRI, will consist of a maximum of 1,999 residential units, 48,000 gross square feet of office space and 176,000 2 17D gross square feet of retail space, which are 99.95 percent of the residential threshold, and 159.95 percent of the mixed use threshold set forth in Section 380.0651, Florida Statutes, and Chapter 28 -24, Florida Administrative Code, and therefore the development does not require DRI review. 2. The only development on the property that is described in Exhibit A and was authorized by the CDC DRI Development Order has been pursuant to the PDA, and therefore, no material adverse impacts to resources or existing or planned facilities have occurred. 3. Commitments within the Development Order regarding realignment of the Thomasson Drive - Rattlesnake Hammock Road intersection and assistance with the Lely Drainage Canal have either been accomplished or are subject to existing Developer Contribution Agreements between the Applicant and Collier County. Commitments regarding a school site and a fire station site shall be incorporated in the Sabal Bay Planned Unit Development Document for the resulting development, Ordinance Number 2005 -59. That Ordinance shall also contain appropriate mitigation in terms of preservation of wetlands and other environmentally sensitive areas, commensurate with the impacts of such development. 4. The development proposed after abandonment shall comply with: (1) the provisions of Ordinance Number 2005 -59, adopted November 15, 2005, which is the Planned Unit Development Document for the Sabal Bay Mixed Use Planned Unit Development project; and (2) the Collier County Land Development Code, as it may be amended. 5. Other impacts of the development proposed after abandonment will be adequately mitigated by compliance with the provisions of Ordinance Number 2005 -59 and the Collier County Land Development Code. This includes, but is not limited to, the payment of all required impact fees, and compliance with the County's Concurrency Management System. 6. The developer has not relied on the benefits granted to developments of regional impact pursuant to Chapters 163, 403, and 380, Florida Statutes. 7. The abandonment will have no adverse impact upon, and is consistent with, the Collier County Growth Management Plan and land development regulations. Section 4. CONCLUSIONS OF LAW. The Board of County Commissioners hereby makes the following conclusions of law: The CDC DRI is eligible for abandonment because the development planned and authorized after abandonment on the property described in Composite Exhibit E is below the applicable development of regional impact thresholds for residential, commercial, and mixed uses. Thus, the development proposed after abandonment is not a DRI 2. The development proposed after abandonment is consistent with the Collier County Growth Management Plan and Land Development Code, and does not need to be authorized as a development of regional impact to proceed. 3. The development proposed after abandonment is consistent with the Collier County Growth Management Plan and land development regulations so long as the post- abandonment development complies with 17D Ordinance Number 2005 -59 and the Collier County Land Development Code. 4. The proposed development after abandonment will be consistent with the State Comprehensive Plan, the State Land Development Plan, and the Southwest Florida Regional Policy Plan. Section 5. APPROVAL OF ABANDONMENT OF DRI, REPEAL OF DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE OF POST ABANDONMENT DEVELOPMENT WITH COUNTY REGULATIONS. 1. The application to abandon the CDC Development of Regional Impact is hereby approved, subject to the terms and conditions herein. 2. The CDC Development of Regional Impact and Development Order 86 -2 is hereby repealed in its entirety and shall be of no further force or effect. 3. All development after abandonment shall comply with all applicable permitting requirements and land development regulations of Collier County. 4. The terms and conditions of this Resolution shall be binding upon the Owner and its assigns or successors in interest. Section 6. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. Section 7. RECORDATION. The Owner shall record a Notice of Abandonment in accordance with Section 28.222, Florida Statutes, with the Clerk of the Collier County Circuit Court, as provided by Rule 9J- 2.0251, Florida Administrative Code. Section 8. EFFECTIVE DATE. This Resolution shall take effect as provided by law. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT BROCK, CLERK OF COLLIER COUNTY, FLORIDA By :: By: Deputy:-CI �rk M Lest of to Cheiroan's sit�ur� only. Approved as to form and legal sufficiency: Marjori M. Student - Stirling I Assistant County Attorney WORD- Abandonment Resolution 8- 31- 05.doc El Fred W. Coyle, C irm n Item # I `� D Agenda LH'5_6_ Date Recd uty Clerk EXHIBIT A 170 Tract I Publix Shopping Center 72,638 square feet Tract E Eckerd Drug Store 14,400 square feet T_ ract F AmSouth Bann 4,000 square feet Total 91,038 square feet r a 17D Description of PDA Parcel - Being a part of Section 19, Township 50 South, Range 26 East and Part of Section 24, Township 50 South, Range 25 East, Collier County, Florida (Sable Bay) All that part of Section 19, Township 50 South, Range 26 East and Section 24, Township 50 South, Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast comer of said Section 24; Thence along the east line of said Section 24, South 00 01417" West 173.15 feet to the Point of Beginning of the parcel herein described; Thence leaving said section line along the southwest right of way line of Tamlami Trail (U.S. 41) South 39 °04'27" East 643.93 feet; Thence leaving said iight of way line South 03 °07'44" West 210.69 feet; Thence South 50 °5533" West 109.02 feet; Thence South 39 °04'28" East 223.02 feet; Thence North 50 °55'33" East 250.55 feet to a point on the southwest right of way line of said Tamlami Trail (U.S. 41); Thence along said right of way line South 39 °04'27° Fast 86.00 feet; Thence- leaving said right of way line South 50 055'33" West 449.00 feet; Thence southwesterly4.39 feet along the are of a circular curve concave to the southeast having a radius of 8.00 feet through 'a central angle of 31 °•26125" and being subtended by a chord which bears South 35 °12820" West- 4.34•feet; ,Thence South 19 °29'07" West 4.70 feet; Thence southwesterly 28.53 feet along the are of a circular curve concave to the northwest having a radius of 52.00 feet through a central angle of 31 026'25" and being subtended by a chord which bears South 35 °12'20" West 28.18 feet; Thence South 50 °55'33" West 17.08 feet; Thence southwesterly 11.10 feet along the arc of a circular curve concave to the north having a radius of 20.00 feet through a central angle of 31'47'18" and being subtended• by a chord which bears South 6e "49'12" West 10.95 feet; Thence South 50 °55'33" West 107.35 feet; Thence South 39 °02'44" East 896.09 feet to the northwest line of a 120' drainage easement as recorded In OR Book 157, pg. 269, Collier County Public Records, Collier County Florida; Thence along said easement Una South 40052'10' West 40.63 feel; "� Thence leaving said easement line North 39 °02'44" West 935.42 feet; Thence North 74 °11'12" West 273.05 feet; Thence South 61 °44'41" West 05.38 feet; Thence southerly 71.88 feet along the arc of a circular curve concave to the west having a radius of 90.00 feet through a central angle of 45 °4641" and being subtended by a chord which bears South 16.08'08" West 69.99 feet; Thence South 39000'59' West 25.13 feet; Thence southerly 342014*ilong the arc of a circular curve concave to the eastfievtrYg a radius of 60.00 fee through a central angle of 32'39'20" and being subtended -6y a chord which bears South 22 °41'19' West 33.74 feet; Thence South 06.21'39" West 50.13 feet; • ftplos fort Alyars Ssrosote .6rerdoutmr rumps T Ishassoa riwaowKwcoa.wga« 3�pp�Ytana,2q? IlRarrha�Rd•idd341Q�7 941- 64944fM0'�' 9dt&t35?"l8� �"O www wlfsoe�rJtriveom wrn�o.warine. - a uo/ te- caaor�o c.t �s EXHIBIT B -2 17D Thence southwesterly 240.08 feet along the arc of a circular curve concave to the north having a radius of 130.00 feet through a central angle of 105 °4848" and being subtended by a chord which bears South 59 °16'03" West 207.39feet; Thence North 67 °49'33" West 50.39 feet; Thence northwesterly 120.79 feet along the arc of a circular curve concave to the northeast having a radius of 280.00 feet through a central angle of 24 °43'02" and being subtended by a chord which bears North 55 °28'02" West 119.86 feet to a point of reverse curvature; Thence westerly 154.54 feet along the arc of a circular curve concave to the southwest having a radius of 170.00 feet through a central angle of 52 905'09" and being subtended by a chord which' bears North 69 °09'0.7 West 149.28 feet to a point of reverse curvature; Thence westerly 149.00 feet along the arc of a circular curve concave to the north having a radius of 658.56 feet through a central angle of 12 057'48" and being subtended by a chord which bears North 88 °42'46" West 148.68 feet to a point of reverse curvature; Thence southwesterly 200.48 feet along the are of a circular curve concave to the south having a radius of 400.00 feet through a central angle of 28 042'58" and being subtended by a chord which bears South 83 024'38' West 198.38 feet to a point of compound curvature; Thence southwesterly 89.67 feet along the are of a circular curve concave to the south having a radius of 720.55 feet through a central angle of 07 °07'50" and being subtended by a chord which bears South 65 029'15" West 89.61 feet to a point of reverse curvature; Thence southwesterly 231.31 feet along the are of a circular curve concave to the north having a radius of $30.00 feet through a central angle of 40 009'39" and being subtended by a chord which bears South 82 °00'09" West 226.60 feet to a point of compound -curvature; Thence northwesterly 534.66 feet along the arc of a circular curve=ncave to the northeast having a radius of 1164.47 feet through a central angle of 26 °1825" and being subtended by a chord which bears North 62 °36'02" West 529.97 feet to a point of compound curvature; Thence northerly 240.24 feet alorig the are of a circular curve concave to the east having a radius of 155.00 feet through a central angle of 88 °48'19" and being subtended by -a chord which bears North 08 °59'45" West 216.91 feet; Thence North 35 °2415" East 170.65 feet.; Thence northwestedy 13.12 feet along the -arc of a circular curve concave to the northeast having a radius of 1017.00 feet through a central angle of 00 °44'20" and being subtended by a_chord which bears North 51'30'12" West 13.12 feet; Thence North 51 °08'02" West 1192.89 feet; Thence northwesterly 459.98 feet along the arc of a circular curve concave to the southwesthaving a radius of 708.00 feet through a central angle of 37 °13128' and being subtended by a chord which bears North 69'44'46' West 451.93 feet to a point of reverse curvature; Thence northwesterly 58.20 feet along the arc of a circular curve concave to the north having a radius of 200.00 feet through a- central angle of 16.40'24" and being subtended by a chord which bears North 80 "014 8' West 58.00 feet; Thence North 71041'06* West 68.64 feet to a point on the south right of way line of Thomasson Drive (S.R. 864); MM VVM**VW" .ao.emoaa�.• EXHIBIT B -3 17D Thence along said right of way fine In the following two described courses; 1. North 86 °35'35" East 520.66 feet; 2. North 89 °42'30" East 2587.54 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record Containing 83.07 acres more or less Bearings are based on tt/h�,,e east line of Section 24 being South 00 °14'17" West. By _1..6r,/�ioc� A � rc Date Michael H. Maxwell, P. . LS# 4650 Certificate of Authorization # LB-43 Ref. 4D -110 .r»ioti.»,e. v�.n.awe�e �. ..�, -* EXHIBIT C 17D Desetiptiou of par! of Section 23, Township 50 South, Range 25 Eaet, Collier County, (The Botanical Gardens) All that put of Section 23, Township 50 South, Range 25 East, Collier County, Florida, bdng more particularly described as follewst Commencing at the north Ys corner of said Section 23; *=w South 00042147" East 5Q 00 feet to the Point of Beginning of the parcel of land bxmin described; d aaea continue South 00°42'47" East 2348.72 fe4 thence South W02410S Went 980.26 feet; dunce North 00'Mr West "A %e4 thence South 89° 145" West 309.00 feet; theaeoa North 00°33'iT' West 983.85 feet; duote North 00°78'25" Went 12SL75 feet; dwace northeasterly 7830 feet along, the are of a tangential circular carve concave to the sonthwA having a radius of $0.00 fat dwoagh a coatral angle of 84043174" and being s -1 &--a - d by a chord which bears North 44W'�1T' Ent 70.54 feat; tiunce Nrth 89°14'139" East 1272.17 feet to the Point of Beginning of the pared of land herein descsibsd; Subject to essaments and rastridiens of record. Containing 68.'56 acres mom or lem ftersets rauska f11808millee ftWthr>Wm&aVkVWV lo8orr esf >� af8ecfrp��2 na r AN that part of Sections 22.23 and 27. Township 50 South. Range 26 East Copier Cautty. Rod being mare ows: t to g� per of said Seaton 22; thence along the east the of said Seaton 27, South 00'28'12" West 2928,64 feet; fiShoo teavkrg said sectim pne 32'•! South 89. 6" West 1290.14 feet thettoe tJOtttt 00•Z7'S4" West381.71 feet; thence noriheeast9tiy 846.91 feet along the m of a fa Vm tat dmdw curve conooeve to the southeast radius Of 80000 feet through a central angle of 60.39`19" and being subtended by a du*d Mich bears North a 28'62'08" tW 807.91 feet 10 a point of reveree curvol um thanoe natthery+ 101.28 fast along the aro of a tangen tial dm tw curve, concave to 1110 northwest having a ra" Of 75073 feet through a central angle of 77`10'.46" and being subtended by a e�otd wlukfi bears Norte 21.96'21" bast 939.52 fee>+ thence North 16.59br West 450.59 feat ~ thence NOtth 60.0029' hest 22672 feet thence north 113.41 fee# along the arc of a tangential droular curve concave to the northwest having a radius of 160.50 f through a central angle of 43.19`08" and being subtended by a c hoid whkh bears North 28.28'43" hest 19078 feet to a paint of compound curvature,, 480thence northerly 320.89 fed along the am of a tangential drmft curve concave to the west hWna a radius of .0014.95 ttxethio a central angle of 38.18`9 S" and being subtended bl► a chord which beats Not9t 12.21 W' point of roverse cutvat thence, northerly 10947 feat along the arc of a tangeruntiad circular curve concave to the east having a radius .of West 104M f a angle of 626502V and being tuubtended by a chord which bears North 00.05'54" point of reverse cxavatur,s, thence rtortheade dy 171.22 feet along the am a* tangeendal circular curve ooncave tQ the west having a radius' of 98000 feet tit wAgh a central angle of 64.30'Y10" and being subfendext by a chord which beaten NOtth 04.04`!6" 164.83 few thertee NOtitt 2W10.44'LWest 123.01 feet; *Ou0�#� a radius Of 00 feet the am of a fangentiat ctrl utar curve canoWm fa the through a central angle of 112.54"00 and being subtended by a chont U"ch bears North 33"!8'16" East 988.68 few .#fteltce North 89.4846 ". East 110.00 faeh . �� a e 213.10 feet along the arc of a tangerntatd curve co to Um QO Beet through a cent al angle of 122006100 and being subtended by a Chord wlft bears North 28'4046" East 178.01 fear# to a point Of reverse auvatuM -haft a radius Of 6M00 thence nOdlbutY sad northeast * 76.69 feet along the arc of a bOXMIal dradar, owe concave to the east NOM 12'42 ' test 7082 feet; 911 a eerrfraal angle of 90.10'20" and beska9 subtarrded by a chord which beaus thence North 6T4T86" End 67.46 feed thence ncr JWV and nodhwestarly 194.01 fearalong the am of a tangential dro ul r curve conom b the west beam ROM 1161 V46- ed 1 °�� e of 146.12`481° and being subtended by a cttntd witch Um" SOUth 89•$4`61" West $0.00 fee,, . 5tettce we de* andsouarmate ty 167A8 feet along the am of a tangential circular curve to OmMeutst having a radius of 100.00 fed ttuouugh a am" angle of 90.00"00" bea wh and being subtended by a chord tdt ns► South 44WS r West 141.42 feet themes 801M 00.26'59" East 169.89 fsef; r feet along the arc of a tangential circular curve amvm to the northwest having a a central die of 72410W and being subtended by a dxxd witch bears South Yxplaa Psrt llrarer Sarxsotx Jrxugpa Txllxlutrurraa Pxaxxrx Q/tp BereerlU � D t�eru9C 2J0a l pdtRS gyp ii► gA4f-8q"rjdW vraep. "aft4saas»0 Wn"N MAIL -it LAL rt"M to EXHIBIT D -1 17D IWORMIller AWANOW'k Reft nab? &ftIm" iher M south 71.019" Wed 118.04 feel+ there southwesterly and soe9ft 248.54 feet along the arc of a tangential .uvular curve concave to the which bears South 24017480 West 221.07f� a oer� arhgie of 94'58'43" and being subtended by a chord OmMe South 23.10'44" East 128.01 feed thence soudmV and AOuI hwesterly 101.05 feet along the aria of a tangentai circular curve ® northwest having a radius of 50.00 feet through a central angle of 115.4741' and being subtended by a chord which bears South 34.43'14' West 84.71 fed to a point of compound curvature; radars,� 2W.08 fast along the am of a tangential chular curv�a concave to the.nartheast ihaving a 54.02't0l"Werrt241. licough a central angle of 66'41"2" and being subtended by a chord which beans North thence North 20.4124" Vilest 195.01 rest of romiheasterly 312.33 � along the wo of a tanger at oin;ular am concave to the east having a ugh a central angle of 83 5440` and being subtended by a chord which brass Nom 1� Eat 290.39 feet to a point of mvecee ohrvaUa; time rs r the • northerly and northwesterly 516.02 That along Ahe am a tmgordW circular curve by a chord which bears North 08'03'18" West 4,54.72 feed a central angle of 98'S3'p8".and being subtended thOlm North 504 WW W"It 528.68 feet; thence North 02'2346' Fast 275.02 fed; thane nactfheadtiedy 77.62 feet along the arc of a tangential circular curve concave to the =Me having a radius 1450.00 teettfhrough a central angle of 88.5704" and being subtended by a chard whldh bears North 48.51'48" East 70.08 feet to a poW of reverse cxrvahme; thence nod heasterty 731.46 beet along the ar* of a tangential dr+oular curve concave to the Werth haft a radius of 1200.00 feet through a ventral angle of 84.6529" and being subtended by a chord which beaus North 73082W East 720.18 feet to a point df reverse curvafi M cOnIm" t* the Vmft , northerly and nodhWasterly 134.88 feet alone the of a of a tangentlat droular curve Wing a radius of 60.00 feet ttuoagh a cuftW angle of 15403346" and being subtended by a chord which bears North 20 82'02 West 97.65 teat to a point of reverse cumafure; thence wasterlymad•norl headertlr 71.81 feet along the arc of a tangential dr, cular curve concave, to the northeast hmft a raduu Of 3600 feet thmuOh a central angle of 118"44`18" and being sotended-by a chord which b"m Moo 39'48'146" West 69.60 feet; North 18'35 ' East WAS feet; #hence North 13.49'59'° East 340.07 feat; 8hsnoe North 07'00"6w ma 161.59 feet;- thence North 82.149'10" West 35.00 t thence North 07.000" But 14.74 f®et; tfmm North 89.18-51' East 527.45 fee thence MOO t�9'2 East 4333.23 tihenCO North 00.32'30' West 30.00 feet; iherrorh ROM 89 -Aft !' Bast ao.00 feet; 4=08 SOU6 :i ad�s�s� theaoe South 00'06'04" Bast 453.00 feet; twnO* 8outlh00'08V4" Had 2OW 20 feet to thq Point of BeginnIng of 66 subJeot as to ee. xwft and nmtctcdtons of record. p herein described; Contafikt912423 ac m rnoae or less. Tsai vimmm* =MUMS•.O .Page2 of 8 EXHIBIT D -2 17D NN&OOMMOr hwftwftw #I Raft W& aM06MV AND: AU titat part of Section 27, Township 50 South, Range 26 East; Collier County, Florida, belong more ttartiotdarlyr desalbed as follows+ Commencing at the Northeast pother of said Section 27; ihenca along ifte east Fns of said .Section 27 South 00'23'12" West 2690.18 feet to the point of Segtnning of ft parcel herein desafbed; Timm continue along said Secd6n line South ooWI4" West 2889,01 feet to the South Ine of saki Section 27 tlmm alopg said South one South 89931'09" West 768.84 feet dmwm leaving said Section Fns along a Buftead be per Cotller County Butkhead•line Book 1, page 3, A.R. Sock 1143, pages 1303 - 1304, Collier County, Florida In the following four described cours" 1) Nbrthwly 85629 feet along the aro of a tangeniaJ chaff curve concave to the east having a radius of 4440M test ilu+ough a central angle of 12.18'17" and being subtended by a chow wWoh bears North 00OOT24• Fast 984.45 feet; North OVI7 b2" East 770.62 feet 8 Northerly and Nordrfestedy 658.67 feet along the pro of a tangential clroder crave concave to the Soullwnst radius of SIT. U feet through a centre eagle of *W441W" and- being subtended by a chord VA ft bears NOM 30*Wlt ' West 613.3$ feet to a pob t of mvem cxsvatuM 4] Norttme�e�tyr and Northerly 549.1Mfeet along the arc of a tangential dro da r curve concave to the Nwillwast having a radius 01`477M feet hough a can vd angle of 66'oo""and being subtended by a chord Witch bears North 33'2T93" West 819.98 fast to the south line of C3ov Ment Lot I thence along the south line of saki Govem ment Lot 1 and lamfi�g sold SulMead one North 8s %32"16% East '1284.80 fleet to the Potnt of Beginning of the pare herein described. Sutgectto easements, reservations, dghts.ofwW and mWagons of record. Containing 51.11 awes more or fees. Deartngs ace based on the east fine of said SW*on 27 Being South 00"2343 West (per State Plane CooKlinats System. Florida Fast Zone, NAD 83 Adjus4nenQ. Total Parcel Contains 175A4 Acres more or less. WiissonMipor, Inc. Michael. hL 1616MWI, PSM # 60 Metvaiid unless embossed with the PrpfassRwws MWL Ref. 4D4M13 Pii: N0229. 007 -01$ Odw aceo5er20, 2002 .M.ftwMa t Oft►,o�.. page. of 8 EXHIBIT D -3 17D EXHIBIT E -1 170 LEGAL DESCRIPTION: All of Section 25 and part of Sections 23, 24, 26 and 36, Township 50 South, Range 25 East, and part of Section 19, Township 50 South, Range 26 East, Collier County, Florida and being more particularly described as follows: Beginning at the Northeast Comer of Section 25, Township 50 South, Range 25 East, Collier County, Florida; Thence along the East Line of Said Section 25 South 00 °22'18" West 2,687.69 feet; Thence continue along the east line of said Section 25 South 00° 20' 3T' West 2,685.56 feet to the Southeast Comer of said Section 25; Thence along the East line of Section 36 South 00 °19'56" West 1,518.00 feet; Thence North 87°28'51" West 5,326.38 feet; Thence North 00°14'25' East 1,254.17 feet to the North West Comer of Said Section 36; Thence along the south line of Section 26 South 89 °32'22" West 2,696.15 feet; Thence continue along the South line of Said Section South 89 °29'09" West 2,696.69 feet to the Southwest corner of said Section 26; Thence along the West line of said Section 26 North 00 022'46" East 2,689.10 feet; Thence continue along the West line of said Section 26 North 00°22'20" East 2,690.20 feet to the Northwest Comer of Said Section 26; Thence along the West Line of Section 23 North 00 °06108" West 1345.66 feet; Thence Continue along the West line of Said Section 23 North 00°07' 16" West 693.72 feet; Thence North 89 °29'07" East 469.67 feet; Thence North 00 °04'49" West 453.06 feet; Thence North 89 030133" East 916.44 feet; Thence North 00 °31'29" West 567.34 feet; Thence North 89°27'53" East 300.00 feet Thence South 00°32'07" East 60.00 feet; Thence North 89128'59" East 980.33 feet to the West line of the plat of Naples Groves and Truck Co's Little Farms No 2 (Lots 67 -69), as recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. Thence along said West line South 00 °4637" East 308.52 feet; Thence Continue along said West line South 00 °40'46" East 673.87 feet to the Northwest Comer of Lot 70, of said Naples Groves and Truck Co's Little Farris No. 2; Thence along the North line of Said Lot 70 North 89°27'07" East 1,322.10 feet to the North East Corner of Said Lot 70; Thence Along the East line of Said Lot 70 and Lot 71 of said Plat South 00 043'14" East 674.00 feet to the Southeast corner of Said Lot 71; Thence along the South line of Said Lot 71 South 89 °28'25" West 1,322.26 feet to the Southwest comer of said Lot 71; Thence along the West line of Said Plat South 00 °42' 15" East 1,347.80 feet; EXHIBIT E -2 Thence continue along said West line South 00 020'27" West 1,344.53 feet to the 170 Southwest corner of Lot 79 of said plat; Thence along the South line of Said Lot 79 North 89 °31'43" East 1,346.87 feet to the fractional corner of said Section 26 being the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Said Section 26; Thence along said fractional line South 00 °19'29" West 671.99 feet to the Southwest corner of said fractional quarter; Thence along the south line of said fractional Quarter North 89 °31'42" East 673.39 feet to the Northwest comer of Lot 81 of Said Naples Grove and Truck Co's Little Farms No. 2; Thence along the west line of said Lot 81 South 00 012'23" West 672.16 feet to the Southwest corner of said Lot 81; Thence along the south line of said Lot North 89 °31'43" East 672.16 feet to the East tine of Said Lot and the west line of said Section 26; Thence along the East Iine of Said Section 26 North 00 11929" East 2,688.11 feet to the Northeast corner of said Section 26; Thence along the East line of said Section 23 North 00 °42'49" West 1,351.04 feet to the southeast corner of Lot 91 of said Naples Groves and Truck Co's Little Farms No. 2. Thence along the South line of said Lot 91 South 89 °27'26" West 1,320.61 feet; Thence along the west line of Said Lot 91 North 00 °47'37" West 337.27 feet; Thence along the North line of said Lot 91 North 89 130'57" East 1,320.45 feet to the east line of said Section 23; Thence along the East line of Said Section North 00 °44'44" West 1,011.86 feet; Thence Continue along said East line North 00 °34'32" West 752.45 feet to the Southwest corner of that land described in Official Record Book 1027, page 678, Public Records of Collier County, Florida; Thence along the South line of said Land North 89 °31'59" East 1,289.77 feet; Thence along the East line of said Land North 00 °42'37" West 1,890.79 feet to the south Right of Way Line of Thomasson Drive (100 Right Of Way); Thence along said Right of Way Line North 89 °35'12" East 1399.52 feet; Thence continue along said Right of Way line north 89 °35' 12" East 2855.89 feet to an intersection with the westerly Right of Way line of US 41 (Tamiami Trail) (State Road No. 90); Thence along said Right of Way of US 41 of South 39 °03' 59" East 1266.82 feet; Thence continue along said Right of Way South 39 003'59" East 5,193.08 feet; Thence Along the boundary of that land described in Official Record Book 2605, page 2484, Records of Collier County, Florida in the Following three (3) described courses; 1) South 88 °13'29" West 373.28 feet; 2) South 01 °46'31" East 166.40 feet; 3) North 88 °13'29" East 500.00 feet to the Westerly Right of Way line of Said US 41; Thence along said Right of Way line South 39 003'59" East 62.85 feet to a point at the intersection of said westerly Right of Way and the South line of Section 19, Township 50 South, Range 26 East, Collier County, Florida; Thence along the South line of said Section 19 South 88 013'29" West 1,636.98 feet; EXHIBIT E -3 Thence Continue along said South lino South 88 °23' 16" West 2,491.52 feet to the POINT 17D OF BEGINNING. Less and excepting there from the waters of Tide Creek located on the west line of Section 23. Subject to easements and restrictions of record. Containing 2,416.08 acres more or less. Bearings are based on the North Line of Section 19 being N89 042'24" E — Florida State Plane — East Zone 83 -90 Adjustment. t. 1 7 COLLIER C ®RTI FLORIDA REQUEST FOR LEGAL ADV. NG OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Kay Deselem �l Date: 9I tq1 D5 Petition No. (If none, give brief description): PUDZ -A- 2004 -AR -6126, Sabal Bay PUD Petitioner: (Name & Address): RWA, Inc., Robert Mulhere, 6610 Willow Park Drive, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) WCI Communities, 24301 Walden Center Dr., Bonita Springs, FL 34134 Hearing before BCC BZA Other Requested Hearing date: October 25, 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ -A- 2004 -AR -6126, WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, of RWA, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural - Special Treatment area (A -ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DRI. The proposed project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation/village center uses, and public facility uses, preserve areas and rights -of -way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08± acres. Companion petition(s), if any & proposed hearing date: DRIABN- 2004 -AR -6251, October 25, 2005 Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: � zQ a rj 6epartqent Headff�� Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: - �� Date of Public hearing:ID'ZS -O' Date Advertised: 10 -q -M 17E ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, AND AGRICULTURAL (A) ZONING DISTRICT A PORTION OF WHICH HAS AN AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY MPUD. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATIONNILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS -OF -WAY. THE SUBJECT PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY, IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08± ACRES; THIS ORDINANCE ALSO IS PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86 -77, THE CDC PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing WCI Communities, Inc. and CDC Land Investments, Inc., in Petition Number PUDZ -A- 2004 -AR -6126, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development (PUD) Zoning District and Agricultural, (A) Zoning District, a portion of which has an agricultural special treatment overlay, to a Mixed Use Planned Unit Development (MPUD) Zoning District 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 Page 1 of 2 17E described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 86 -77, known as the CDC PUD, adopted on November 10, 1986, 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 supermajority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and "� Legal Sufficiency '4 ` ` w— Marjorie M. Student- Stirling Assistant County Attorney PUDZ -A- 2004 -AR -6126, Saba] Bay PUD/KD /sp BY: Page 2 of 2 FRED W. COYLE, CHAIRMAN Sabal Bay A MIXED -USE PLANNED UNIT DEVELOPMENT 2,416.08 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR: WCI Communities, Inc., and Collier Development Corporation 1910 Robert J. Mulhere, AICP RWA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 And Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 EXHIBIT "A" DATE REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENT AND /OR REPEAL GAC=mt\Deselem\PUD RezoneslSabal Bay, PUDZ -A- 2004- AR- 6126\PUA dacumentslSabal Bay MPUD (RIM 08- 13.05clean).doc 9/29/2005 17E TABLE OF CONTENTS 17E PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL/GOLF ( "R/G ") 3 -1 SECTION IV RECREATIONNILLAGE CENTER ( "RECNC ") 4 -1 SECTION V COMMERCIAL/OFFICE ( "CO ") 5 -1 SECTION VI PRESERVE ( "P ") 6 -1 SECTION VII PUBLIC FACILITIES ( "PF ") 7-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8 -1 EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C SCHEDULE OF DEVIATIONS APPENDIX A BALD EAGLE MANAGEMENT PLAN G: \Cmcnt\Deselem\PUD Rezones \Saba) Bay, PUDZ -A- 2004- AR- 6126\PUD docwnents\Sabal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 I*,. 17 E STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, WCI Communities, Inc., (WCI), and CDC Land Investments, Inc., hereinafter referred to collectively as the developer, to create a Mixed -Use Planned Unit Development (MPUD) on 2,416.08 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe Sub - District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 1.26 dwelling units (DUs) per acre, 1,999 units /1585 acres, which excludes the 31.00 acre educational facility, 1.00 acre East Naples Fire Control and Rescue District site, 75.01 acres of commercial uses, 12.40 acres of platted right -of -way, and 711.67 acres of tidal wetlands. This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed -use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of one - hundred and sixty percent (160 %) of any combination of the individual DRI thresholds for three or more uses, including residential, office, retail, and hotel uses, and no single use exceed one - hundred percent (100 %) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. f GACturent\DeselemlPUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13 -05clean).doc 9/29/2005 !. 17E d) Commercial uses within the RecreationNillage Center district are consistent with FLUE Map -11, which identifies existing zoning consistent with the FLUE by Policies 5 -9, 5 -10, 5 -11, and 5 -12. Moreover, the area and allowable uses within the RecreationNillage Center district are consistent with the provisions set forth in Policy 5.1. The Sabal Bay MPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5. The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6, of the LDC. Transportation concurrency is partially vested in that the Developer is entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units, upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6. of the LDC, the project will also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The Development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub - element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. G:\Cuaent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabal Bay MPUD (R]M O8- 13- 05clean).doc 9/29/2005 mom 17E SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD MIXED -USE PLANNED UNIT DEVELOPMENT ORDINANCE ". iv GACment\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD docummts \Saba1 Bay MPUD (RIM 08- 13- 05clean).doc 9/292005 17E SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The subject property referred to within this document as "project site" and "project area ", is comprised of 2,416.08 +/- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, and is legally described as: See Exhibit `B" 1.3 GENERAL DESCRIPTION OF PROPERTY A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Per FEMA Firm Map Panel No. 1200670 581 F, 1200670 582 F, 1200670 583 E, 1200670 584 E, and 1200670 605 E, dated August 3, 1992, the Sabal Bay property is located within AE 8 -11 of the FEMA flood insurance rate map. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Chapter 10.02.02(A) of the LDC, and provisions for on -site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Sabal Bay MPUD contains a wide variety of vegetative communities inventoried and mapped in the Environmental Impact Statement. The site has been designed to provide for onsite protection of habitat for listed species. GACmmt\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6I26\PUD documents\Sabal Bay MPUD (RJM 08- ]3- 05clean).doc 9/2912005 17E E. The soil types on the subject property include a variety of hydric and non -hydric soils listed in Environmental Impact Statement F. The subject property is located within the Collier County Water Management District Henderson Creek Watershed. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office (CO) development, Village Commercial (REC/VC), tidal wetlands, and platted rights - of -way, is approximately 1585 acres. The gross project density shall be a maximum of 1.26 dwelling units per acre. 1 -2 G: \Cuaent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (R!M 08- 13- 05clean).doc 9/29/2005 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 17E The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will incorporate residential, golf, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial/office uses. There currently exists 87,038 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically in Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2 -1 G: \Cutrent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Saba] Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD will be subject to the Adequate Public Facilities Ordinance, Chapter 6.02 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 87,038 square feet of commercial development exists within the MPUD boundary, and is therefore vested. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 6.06.00 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Chapter 10.02.02(B) the LDC. G. The Site Development Plans Sections of the LDC (10.02.03 and 4.01.00) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Chapter 10.02.03(A)(B) of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. I. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2 -2 G:1C=ent\Dese1em\PUD Rezonm\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 M'y 7 ..E, a 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately owned and maintained, except for Thomasson and Xeric Drive, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The developer reserves the right to request substitutions to design standards in accordance with Chapter 10.02.04(A)(3) of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10.02.05 of the LDC with the following substitutions: 1. Streets and access improvements a. Street Right -of -Way Width: At the discretion of the developer, the minimum right -of -way width to be utilized for local streets and cul -de -sacs may be fifty feet (50'), a deviation from LDC Section 6.06.01(0) that requires rights -of- way for local roads to be at least sixty feet (60'). Drive aisles serving multi - family tracts shall not be required to meet this standard. b. Dead -end Streets: Cul -de -sacs may exceed a length of one thousand feet (1,000'), a deviation from LDC Section 6.06.01(J) that limits cul -de -sacs to 1,000 feet. c. Reverse Curves: Tangents shall not be required between reverse curves on any project streets, a deviation from LDC Section 3.2.8.4.16.10 (Section HI P. 10 of the proposed Construction Standards Manual) that requires tangents be provided for all reverse curves. 2.5 SIDEWALKS/BIKEPATHS, BIKE LANES A. Sidewalks: All roads other than local roads shall have a six foot (6') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (10') wide pathway on one side of the street, which may meander in and out of the right - of -way. B. Bike lanes shall be provided on both sides of collector and arterial streets. C. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 2 -3 GAClnrent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD docmnentOabal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 17E 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right -of -way serving the adjacent residential tract. 2. Sidewalks may be located outside platted right -of -way, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22- 122(a) of Ordinance 04- 55of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(A) of Ordinance 04 -55 of the Collier County Code of Laws and Ordinances (formerly Sections 3.5.7.1.1 and 3.5.7.1.2 of the LDC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22- 122(c) of Ordinance 04 -55 of Collier County Code of Laws and Ordinances (formerly Section 3.5.7.3.1. of the LDC), and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent per lake (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. 2.7 FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope: 2:1 2. Stockpile maximum height: Thirty Feet (30') 3. Fill storage in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Division 3.7 of the LDC. 5. Stockpiles with side slopes greater than 4:1 must have childproof fencing around them. 2-4 G: \Currenl\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E 2.8 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES /SALES CENTERS /SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales /rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate and/or golf/sports memberships such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to the requirements of Chapter 4.05.00, 4.06.00, 5.06.00 and 5.04.04of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapter 4.05.00, 4.06.00, 5.06.00, and 5.04.04of the LDC, with applications for subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Sabal Bay MPUD and/or golf and sports club memberships. The use of a portion of the clubhouse as a temporary sales facility must cease when the project is released to the control of the homeowners' association. 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described in Section 8.3 C of this document, may be made by the developer in connection with any type of development or permit application required by the LDC. 2 -5 G: \Cunenl\Deselem\PUD Rezonesl.Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD doc nts \Sabal Bay MPUD (R]M 08- 13.05clean).doc 9/29/2005 17E 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida statutes, or by a property owners' association. For those areas not maintained by a CDD, the developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materials and landscape features, including natural or manmade rock features and geotextile mat where necessary excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: 1. Perimeter fences or walls may be permitted at a height of nine feet (9'), as measured from the finished grade of the ground at the base of the fence or wall. This constitutes a deviation from LDC Section 25.03.02B of the LDC allowing wall height to be measured from finished grade, rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road. If the fence or wall is constructed on a perimeter landscape berm, the berm and wall in combination shall not be higher than 9 feet from the finished grade. 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed a height of six feet (6), as measured from the top of the berm and the combination of berm and fence shall not exceed nine feet (9'), as measured from existing grade. 2 -6 GACurrent\Deselem\PUD RezoneMabal Bay, PUDZ -A- 2004- AR- 6126TUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 1 ?E 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures, not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths, utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Chapter 4.06.02(D)(4) of the LDC. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Section 2.2.20.1, of the LDC. B. The Sabal Bay MPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the developer and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Chapter 2.01.03 of the LDC. 2. Water management facilities and related structures. 3. Irrigation treatment and distribution facilities. 4. Temporary sewage treatment facilities. 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 2 -7 GACucrent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 61261PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, recreational facilities. 8. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 9. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this MPUD. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. 3. Minimum distance between unrelated structures — Ten feet (10') 4. Maximum height of structures — See Table I, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 30% of the entire MPUD. The MPUD Master Plan identifies preserves, lakes, recreation tracts, including golf course area, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Chapter 4.02.01 (B) of the LDC for mixed -use developments. 2 -s GAC==t\De 1=\PUD RezonealSabal Bay, PUDZ -A- 2004- AR- 6I26TUD docu=ta\Sabal Bay MPUD (RJM 08- 13- 056ean).doc 9/29/2005 i 7E 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC a minimum of 559.52 acres (25% of the 2,238.07 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 56% +/- (1,256.24 acres) of the 2,238.07 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. Of the 2,416.08 t acres on the Project site, 178.01± acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial, open water, cleared lands, and agricultural lands. Of the remaining habitat types exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Growth Management Plan. Since the on -site preserve will exceed the Growth Management Plan requirement the applicant has elected not to further evaluate native habitats on -site to exclude them from this requirement. 2.17 SIGNAGE A. GENERAL All signs will be in accordance with Chapter 5.06.00of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the developer's name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from LDC Chapter 5.06.04A.6.(b) of the LDC which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Chapter 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer's name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Chapter 5.06.05 which limits such signs to 64 square feet. 2 -9 G: \Current\Deselem\PUD Rezonea\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E 3. Boundary marker monuments containing project identification signs designed to identify the project or any major use within the project shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A"). The sign face area for such boundary markers may not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two - sided, each sign may not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. 4. In the case of commercial development within the REC/VC District, which is internalized within the MPUD, and in consideration of mixed -use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. Such variation may be administratively approved by the Land Use and Zoning Department Director with submission of a separate plan for signage within the REC /VC District. 5. Traffic Signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, may be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. 2 -10 G: \Cuuent\Deselem\PUD Rezones%Sabal Bey, PUDZ -A- 2004- AR- 6126\PUD documenta\Sabal Buy MPUD (RJM 08- 13- 05clean).doc 9/2912005 SECTION III RESIDENTIAL /GOLF 3.1 PURPOSE 17E The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "R/G ", Residential/Golf. 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "RG" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF units shall constitute 1 residential dwelling unit. However, the maximum density on tract RG89 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/G," Residential /Golf, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of the Sabal Bay MPUD, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R/G ", Residential/Golf, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Chapter 10.02.03 and Chapter 6of the LDC. Residential /Golf tracts are designed to accommodate internal roadways, open spaces, golf course uses and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached and detached dwellings, townhomes. 2. Single family and zero lot line dwellings. 3. Two - family and duplex dwellings. 3 -1 GACurrent\Dmelem\PUD Rewnes\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD document"abal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 17E 4. Multi - family dwellings including mid -rise, coach home and garden apartments. Multi - family buildings are limited to a maximum building height of 50 feet measured as set forth in the LDC Section 1.08.02 Definitions "zones height of building" except that within tracts RG4 depicted in Exhibit "A ", multi - family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed 150 feet as measured pursuant to the LDC Section 1.08.02 Definitions "zoned height of building." 5. Timeshares 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF (no exterior access). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF, their guests, and the facility employees. 8. Golf course and golf course related facilities, except within tract RG8. 9. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community, and golf course related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, pro - shops, driving ranges, pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3. Community and golf course related maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3 -2 G: \Qmmt\Deselem\PUD Rezones\Sabal Bay, PUD&A- 2004- AR- 61261PUD documenWSabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residential/Golf Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF use. Standards not specified herein shall be those specified in Section 5.05.04 Group Housing of the LDC in effect as of the date of adoption of this MPUD Ordinance. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 feet ii) Side: 15 feet, except no setback shall be required from any lake easement. iii) Rear: 25 feet, except that no setback shall be required from any lake easement. 3. Floor Area Ratio: 0.45 FAR. 4. Maximum height: 3- stories over 1 -level of parking not to exceed 50 feet. C. Site development standards for single family, zero lot line, two- family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3 -3 GACu mt\Deselem\PUD Rezones\Sabal Bay, PUDZA- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05cican).doc 9/29/2005 t, I 7E TABLE I: SABAL BAY MPUDDEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL /GOLF AREA SETBACK SINGLE ZERO TWO SINGLE MULTI FAMILY/ CLUBHOUSE/ ALFs FAMILY LOT LINE FAMILY/ FAMILY TIMESHARE RECREATION DETACHED DUPLEX ATTACHED/ DWELLINGS BUILDINGS TOWNHOME PRINCIPAL STRUCTURES""' Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF N/A Per Section per lot or 3.5 B unit 10,000 SF Minimum Lot Width 2 40' 35' 35' per lot 20' N/A N/A or unit N/A 15' 15' 15' 15' 15' or .5 BH, Per Section whichever is greater, 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD Front Yard Setback6 perimeter bound 20' Front Yard for Side N/A Entry Garage 10' 10' 10' 10' l 5' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary. N/A 15' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD Rear Yard] 10' 10' 10' 1 10' perimeter bound 15' Side Yard 6' 0' or 6' 0' or 6' 3 0' or 6' 15' or 50% of BH, Per Section whichever is greater 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary 4 10' From Golf Course 0 0 0 0 0 0 0 From Preserve 1 25' 25' 25' 25' 25' 25' 25' 50' above FEMA Per Section Maximum Height5 35' 35' 35' 35' elevation5'7 55' 3.5.13 Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A (SF) N/A Minimum Distance 15' or Between 12' 12' 12' 12' 15' or .5 SBH is .5 SBH, Principal Structure s4 49 whichever s greater" � whichever 4 whichever is greater eater ACCESSORY STRUCTURES1," Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' - 5 ' 5' 5' 5' 10' 10' From Preserve 1 10' 10' 10' 10' 10' 10' 10' Minimum Distance 0' or 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' orl0' 0' or 10' 0' or 10i4 0' or 10'4 Minimum Distance 0' or 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10i4 0' or 10i4 Maximum Height SPS SPS SPS SPS 50' SPS 50' 3-4 GSCurrent\Deselem\PUD Rezones\Sabal Bay, PUDZA- 2004- AR- 6126\PUD documents \Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 BH: Building Height - measured as defined in LDC Section 1.08.02 Definitions "zoned height of building' 17E g � Sh g SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS: Same as Principal Structure Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. *1 - Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25' for principal structures and 10' for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. *2 - Minimum lot width for cul-de -sac lots consistent with the measurement standards established in the LDC. *3 - Zero feet (0'). Where the zero foot (0') yard option is utilized, the opposite side of the structure or attached structures shall have a twelve foot (12') side yard. Where zero lot line development is proposed, a conceptual site plan shall be submitted with the application for Final Subdivision approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. *4 - Distance between principal and accessory structures for multi - family development: Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to fire district approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common architectural building design features. *5 - Building height is measured as set forth in LDC Section 1.08.02 Definitions "zoned height of building." Mid -rise structures within Tracts- RG4, as depicted on the MPUD Master Plan (Exhibit "A ") shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet as measured pursuant to LDC Section 1.08.02 Definitions `Buildings, zoned height of." *6 - Front loading garages shall have a minimum front yard setback 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. *7 - 50' for RG8. *8 - Standards not specified herein shall be those specified in Section 2.26.20 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF; however, the maximum floor area ratio (FAR) is .45 as set forth in Section 2.6.20 of the LDC. *9 - Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet (60'). 10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. 11 Where setbacks are measure as a percent or factor of building height, the "Zoned" building height shall be utilized. 3 -5 GACurrent\Deselem\PUD Ruonm\Sabal Bay, PUDZ -A- 2004- AR- 6I26\PUD documents\Sabal Bay MPUD (RJM 09- 13- 05clean).doc 9/29/2005 SECTION IV RECREATIONNILLAGE CENTER 4.1 PURPOSE 17E The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as RECNC, "Recreation /Village Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the RECNC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Chapter 10.02.03 and Chapter 6of the LDC. The RECNC area shall accommodate a variety of recreational, water management, open space uses, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The RECNC shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04of the LDC. The commercial uses identified within this district are permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy (FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date this MPUD is approved. The developer shall provide the County with incremental development information, including the aggregate commercial square feet within the RECNC Tract and within the PUD in total, as required during the annual PUD Monitoring process, and through the SDP and/or subdivision plat application submittal process. 4.3 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. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, meeting rooms, community buildings, playgrounds, and playfields. 2. Commercial banks (Groups 6021 -6029 drive- through facilities are prohibited. 4 -1 GACuaent\DeselemlPUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 61261PUD documents\Sabal Bay MPUD (RJM O8- 13- 05clean).doc 9/29/2005 P. 17E 3. Real estate agents and managers for property within PUD only (Group 6531). 4. Hardware store only- 2,500 square feet, maximum floor area (Group 5251). 5. Variety stores - 2,500 square feet maximum floor area (Group 5331). 6. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area (Group 5399). 7. Grocery stores, 10,000 square feet maximum floor area (Group 5411). 8. Fish, meat, and seafood markets only (Group 5421). 9. Fruit and vegetable markets (Group 5431). 10. Retail bakeries (Group 5461). 11. Coffee stores and health food stores only - 2,500 square feet maximum floor area (Group 5499). 12. Gasoline service stations, except truck stops (Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area (Groups 5611 - 5661). 14. Record and prerecorded tape stores (Group 5735). 15. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive- through facilities (Group 5812). 16. Liquor stores (Group 5921).. 17. Gift, novelty, and souvenir shops (Group 5947).. 18. Sewing, needlework, and piece goods stores (Group 5949).. 19. Florists (Group 5992). 20. Agents for laundries and drycleaners only (Group 7212).. 21. Coin - operated laundries and drycleaning (Group 7215). 4 -z G:1Cunent\Dese1em\PUD Rezonesl.Sabal Bay, PUDZA- 2004- AR- 6126\PUD documentslSabal Bay MPUD (RIM 08- 13- 05c1ean).doc 9/29/2005 17E 22. Diaper service, and garment alteration and repair shops only (Group 7219). 23. Beauty shops, except beauty schools and cosmetology schools (Group 7231). 24. Barber shops, except barber colleges (Group 7241). 25. Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only (Group 7299). 26. Housekeeping and maid service only (Group 7349). 27. Videotape rental (Group 7841). 28. Physical fitness facilities (Group 7991).. 29. Offices and/or clinics of physicians, and offices and/or clinics of dentists. (Groups 8011 - 8021). 30. Offices and clinics of chiropractors (Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. Within the REC/VC District, up to 150 temporary lodging units may be developed. Those temporary lodging units may be developed as typical hotel or motel units or may be developed as independent detached or attached units constructed so as to appear like residential dwelling units of various types (No more then 250 temporary lodging units shall be permitted within the entire MPUD). 32. Timeshares 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent. 33. Open space uses, and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, fishing/observation pier, picnic areas, fitness trails, and shelters. B. Permitted Accessory Uses and Structures 1. Customary accessory uses or structures incidental to recreation and village center areas and, or facilities, including structures constructed for purposes 4 -3 GAC=ent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E of maintenance, storage or shelter with appropriate screening and landscaping. 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence C. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Proposed structures located adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required 20- foot lake maintenance easement. 5. Principal and accessory structure setbacks from Preserve Area i) Principal structure: Twenty -five feet (25') ii) Accessory structure: Ten feet (10') B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to seventy -five feet (75'). D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). F. Parking for uses and structures constructed in the Recreation/Village Center: The amount of required parking may be demonstrated through a shared parking analysis submitted with an SDP application. Parking area shall be determined utilizing the modal splits and parking demands for various uses recognized by Institute of Traffic Engineers (ITE), Urban Land Institute (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 will vary depending on the multiple functions or uses in close proximity which are unlikely to require the 4-4 GACurrent\Deselem\PUD Remnes\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 17E spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation staff and the applicant during the SDP pre- application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. G. Architectural and Site Design Standards: Commercial development within the RECNC district shall conform with the guidelines and standards of Chapter 5.05.08of the LDC, or if variations from these guidelines are needed to accommodate mixed -use residential or neo- traditional neighborhood -scale commercial development, a separate plan for architectural design and site design, and signage shall be submitted to the Collier County Zoning and Land Development Review Director at the time of the first SDP approval for commercial or mixed use development within this tract. The plan for architectural design shall indicate the exact nature of any deviation from the requirements of Chapter 5.05.08, and shall further demonstrate that any such deviation, while varying from one or more of the provisions of Chapter 5.05.08, nonetheless are deemed to meet the overall purpose and intent of Chapter 5.05.08. 4 -5 GACutrent\Deselem\PUD RezoneslSabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 SECTION V COMMERCIAL /OFFICE 5.1 PURPOSE 17E The purpose of this Section is to set forth the development plan for tracts designated as "CO ", Commercial/Office on Exhibit "A ", MPUD Master Plan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 45 f acre Commercial /Office Areas (Tracts C01, CO2 & CO3), shall be developed with an amount of commercial/office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the COI and CO2 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as they exist on the date this MPUD is approved. This shall be monitored through the PUD Monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 PERMITTED USES 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. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 — veterinary services for animal specialties. 5 -1 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. GACurrentDeselemTUD Ruonesl.Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documentslSabal Bay MPUD (RJM 08- 13- 05clean).doc 9129/2005 17E 2. Establishments furnishing point -to -point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Any retail business as defined in the Standard Industrial Classification Manual for the following categories: a. 523 — Paint glass, and wallpaper stores; b. 525 — Hardware stores; C. 526 — Retail nurseries, lawn and garden supply stores; d. Major Group 53 — General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 — Auto and home supply stores, not including any installation facility; b. 554 — Gasoline stations, not including service facilities; C. Group 7542 — Carwashes only. 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard Industrial Classification Manual. 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 596 — non -store retailers; 598 — fuel dealers; and not including retail sale of fireworks. 5 -2 GAC=ent\Deselem\PUD Rezones \Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E 11. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract CO3 only, establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the RECNC District and Tract CO3). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin - operated laundries and dry- cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 — medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software. 5 -3 GACurrentOwelem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documentASabal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 17E 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger Ccar rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services, not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive -in, and Group 7841 — Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911 — Dance studios, schools and halls b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 — Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 — Offices and clinics of doctors of medicine; b. 802 — Offices and clinics of dentists; C. 803 — Offices and clinics of doctors of osteopathy; d. 804 — Offices and clinics of other health practitioners. 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: 54 G1Cmcnt\Dese1emlPUD RezoneslSabal Bay, PUDZ -A- 2004- AR- 61261PUD documentslSabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E a. Group 8071 — Medical Laboratories; b. Group 8072 — Dental Laboratories. 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231 — Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 —Engineering services b. 8712 — Architectural services C. 8713 — Surveying services d. 8721 — Accounting, auditing and bookkeeping services e. 8732 — Commercial economic, sociological, and educational research f. 8741 — Management services g. 8742 — Management consulting services h. 8743 — Public relations services i. 8748 — Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Mixed multi - family residential and commercial uses located within COI and CO2 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts RG8, COI and CO2. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), existing on the date of approval of this PUD. This shall be monitored through the PUD Monitoring process on an annual basis, and during all Site Development Plan (SDP) and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: 5 -5 GACuirent\Dese1=\PUD Remnes\.Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabel Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 a. A SDP is approved pursuant to Division 3.3 that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed - commercial /residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design (TND) principles. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. One caretaker's residence 3. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. C. Should the developer choose that market conditions do not warrant commercial development within the CO3 Tract, that Tract can be used for any uses permitted within the RG district, subject to all development standards set in Section III of this MPUD document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet C. Minimum Yards (Internal): Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 5 -6 GACu t\Deseletn\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD doc=cnts\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): 1. East Tamiami Trail (US 41): 50 -foot setback, except that canopies for gas stations must maintain a 30 -foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail Right - of -way. A 20 -foot landscape buffer, in accordance with Section 2.12 of this document and Division 2.4 of the Collier County LDC, shall be provided along the entire frontage of US 41. In accordance with Section 2.6.28 of the LDC, should a gasoline service station be developed, a 25' wide landscape buffer is required along rights -of -way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting." E. Minimum Distance between Non - attached Structures: fifteen feet (15') or one -half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy -five feet (75')in height, as measured in accordance with the LDC definition of the term `Building Height ". G. Minimum Floor Area: 500 square feet per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to setback requirements set forth on paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting." H. Off - Street Parking and Loading Requirements: As required by Chapter 4.05.00of the LDC in effect at the time of SDP approval. I. Architectural and Site Design Standards: 5 -7 GACuaent\Deselem\PUD Rezonesl.Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 17E Commercial development within this District shall conform with the guidelines and standards of Chapter 5.05.08 of the LDC, unless and exception, waiver, or variance from those guidelines or standards is granted. Gray, primary and/or secondary color shall be permitted as a predominant exterior roof color. This is a deviation from Sections 5.05.08C5(1.)(iii) and 5.05.08D5(b)(v.) of the LDC. 5 -a GACurrent\Deselem\PUD Re nes\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabel Bay MPUD (R]M 08- 13- 05clean).doc 1 9/29/2005 SECTION VI PRESERVE 6.1 PURPOSE 17E The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Chapter 10.02.03 and Chapter 6of the LDC. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated golf cart paths, golf course rough areas, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements.. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures 1. From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 6 -1 GACurrent\Dew1=\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6I26\PUD domnents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E 3. From lake: Zero Feet (0') 4. Maximum Height of Structures: Twenty -five Feet (25'), except for viewing platforms that may be Forty Feet (40') 6 -2 G\Current\Deselem\PUD RezoneslSabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Saba) Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 SECTION VII PUBLIC FACILITY 7.1 PURPOSE 17E The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF ", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, for a school or fire station, this land or portion of it not utilized for those purposes may be used for any uses permitted within the RG District, subject to all development standards set forth in RG District. 7.2 GENERAL DESCRIPTION Areas designated as "PF ", Public Facility on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as PF, Public Facility are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Division 3.2, and Division 3.2 respectively, of the LDC. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Educational facilities, limited to public elementary or middle school. 2. Educational plant, limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') 2. Side Yard: Fifty feet (50'). 3. Rear Yard: Fifty feet (50'). 7 -1 GAC=ent\Desetem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RIM 08- 13- 05clean).doc 9/29/2005 17E C. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 1. Maximum height of structures — Thirty -five feet (35') 2. Minimum distance between principal structures - Ten feet (10') or half the sum of building heights. 3. Minimum distance between accessory structures -Ten feet (10') 4. Minimum off - street parking: Subject to Chapter 4.05.05 of the LDC. 7 -2 GACmmt\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documentslSabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE 17E The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDP's, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 6 of the LDC shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this document The developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Chapter 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the developer, subject to the provisions set forth in LDC Chapter 10.02.13(E)(1). 8 -1 G: \Current\Deseletn,PUD Rezones\Sabal Bay, PUM -A- 2004- AR- 6126\PUD documents\Sabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 lwr 17E 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD document, all project development will be consistent with provisions of Chapter 6 and 10.02.03 of the LDC respectively. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 2004 -31, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County or the City of Naples, as the case may be, and will be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The Property Owner shall reserve three requested easements, and associated utility and access easements to connect them with a public right -of -way. These sites will be used for wells (not to exceed 100' x 100' for each site) with a spacing of 500 feet between wells. This conveyance shall occur at the time the SDP, Plat (or similar process) of the area within the development phase that contains the easement is approved by County staff. 8.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. 8 -2 GACuuent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 61261PUD documents \Sabal Bay MPUD (RJM 08.13- 05dean).doc 9/29/2005 17E B. The developer will design the water management facilities in accordance with County ordinances, State, and Federal minimum design criteria in effect at the time of submittal of the first Site Development Plans or Construction Plans and Plat approvals. An analysis of predevelopment pollutant loading and post development pollutant loading in general accordance with the Harvey Harper methodology will be completed and submitted prior to the issuance of final site development plans or construction plan approvals. C. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC. All lake dimensions will be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This developer shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer shall adhere to the conditions set forth in the September 23, 2003 Contribution Agreement by and between Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty -five (25) feet from the edge of the jurisdictional wetland boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Department staff for review and approval prior to SDP /construction plan approval. A schedule for exotic vegetation removal or eradication in place with approved herbicide, within all conservation/preservation areas, shall be submitted with the above - mentioned plan. 8 -3 G:1C=ent\Dese1em\PUD Aezones�Sabal Bay, PUDZA- 2004- AR- 6126TUD documentslSabal Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 17E C. All conservation areas required by permitting agencies shall be placed under conservation easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. This PUD shall comply with the guidelines of the USFWS and FFWCC, and as applicable, Collier County regulations, for impacts to protected species. With respect to the Bald Eagle Management Plan, restrictions within bald eagle nest protection zones shall be in accordance with the USFWS South Florida Multi- Species Recovery Plan, May 1999 (3.11.3.3 (C) LDC) and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS 1987, except to the degree that the site specific bald eagle management plan provides for allowance or restrictions that vary from the USFWS South Florida Multi - Species Recovery Plan, May 1999 (3.11.3.3 (C) LDC) and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS 1987. A Habitat Management Plan for listed species shall be submitted to environmental review staff for review and approval prior to Site /Plan approval. E. This Bald Eagle Management Plan may be updated to depict the location of new eagles nests, or to remove the location of nests that have been abandoned in the following manner: 1) If the nest is abandoned in accordance with US fish and Wildlife regulations, the Bald Eagle Management Plan may be administratively updated to eliminate the abandoned nest. 2) If the eagles relocate to a tree that is located either on or off the subject property and the primary and secondary protection zones of the tree are located either entirely outside of any area of the PUD proposed for any type of development, or are located within any area of the PUD proposed for any type of development; then the bald eagle management plan shall be administratively updated to reflect any of the following: new nest location; new primary zone location; new secondary zone location. F. A Gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final site plan/construction plan submittal, and shall be in accordance with the requirements of Land Development Code. 8.8 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 be consistent with the LDC. 8 -4 G: \Cunent\Deselem\PUD Re nes\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabel Bay MPUD (RJM 09- 13- 05clean).doc 9/29/2005 17E 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) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO of that phase. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15. LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a Right -of -way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by 8 -5 G: \Current\Deselem\PUD Rezonesl.Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents\SaW Bay MPUD (RJM 08- 13- 05clean).doc 9/29/2005 f- 17E the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right -of- way or easement, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. 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. L. The development shall abide by Section 6.02 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is located within and affects a Transportation Concurrency Exemption Area (TCEA). 8.9 ADDITIONAL COMMITMENTS A. The developer shall provide a minimum of one playground, for use by residents and their guest, meeting ASTM design guidelines. B. The developer shall install a pathway along the lake where the lake fronts Thomason drive and shall provide a minimum of three benches for public use along this portion of lake- frontage. 8 -6 G: \C=ent\Deselem\PUD Rezones\Sabal Bay, PUDZ -A- 2004- AR- 6126\PUD documents \Sabal Bay MPUD (RIM O8- 13- 05clean).doc 9/29/2005 r,w�maw rsr,�s ,asrv„Y�r„wwrr.oml -_ � NTt+'Id Bd.LSt''l1T Qlldyli _ a+a W S r Tk A% T av mrlf d II�TJ flNI.L'IRSN0.7 vuu wra 'erm �V1Y��1 af)dN AV9 7Y9Vs DA9'93111NIIbYWO IDAI LLitOY � A VAU „V,,,Ll8lHX8 MEOW cc 0 C aC �_ ZA 44444 T- RBS8ne �CISIr� $ S m W ki M € fa ei M y. CC t li e - AIR ax li °el I qtr z &Irr" �I��IuM ]I On!i E ,W i 1 , s , i J , �� ma iilY1S] 1 ! I! tq= !!la Phitlr la�I9ala�� %ji{atgii �!,�Eaiva,apr @a@kpapa iri�iririr`iEC! s rlrssrirlr�ssssss M.M. a CL a uj> '. 9 IR H p t CL !!! P , li• �P� IL � 11 f E a I i 1 , i t 44444 �� RBS8ne �CISIr� $ S Sy °� !6 ki �4g e - 119 !!! P , li• �P� IL � 11 f E a I i 1 , i t rn mw ea.s uewawM wr.�sromi NY7d LN3W90dNYW a3LdM 7dl1Ld3JN00 un�rdaoma m+wYm wm+ti .rrwraw•aowrMrr� �o ko", W IB IS T TA A 1 T avu ¢ r ii e�O OiriiznsHOT ata V1Xj(j QndPV AYs 7V9VS ON1 sswNnNWWIDA �. - a KM W" ai «r nru r1 'mmx r or►n rrot000 -a 'ox urww3a cc>tnma vuuora w uvu .ya •vx.x Yb f Sr W fit I� U � �9 rIl i � .3 I o .o W fit I� U � o .o B o °o 17E October 3, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -A- 2004 -AR -6126, Sabal Bay PUD Dear Legals: Please advertise the above referenced notice on Sunday, October 9, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 MEN,' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, October 25, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, AND AGRICULTURAL (A) ZONING DISTRICT A PORTION OF WHICH HAS AN AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY MPUD. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATION /VILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS -OF -WAY. THE SUBJECT PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY, IN SECTIONS 23,24,25,26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08 +/- ACRES; THIS ORDINANCE ALSO IS PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86 -77, THE CDC PUD; AND BY PROVIDING AN EFFECTIVE DATE Petition PUDZ -A- 2004 -AR -6126, WCI Communities, Inc. and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, of RWA, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural - Special Treatment area (A -ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DRI. The proposed project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation /village center uses, and public facility uses, preserve areas and rights -of -way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23,24,25,26 and 36, Township 50 South, Range 17E 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 +/- acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) ',Gji(:- . n�-of- -- al%her 17E CLERK OF Tfflf' RCLUIT COURT Dwight E. Brock COLLIER COUNTY URTA�OUSE Clerk of Courts 3301. TAMIAMI IL E T Clerk of Courts P.O. BOX 4 X044 , Accountant NAPLES, FLORIDA��4101 -30¢4 Auditor df i Custodian of County Funds October 3, 2005 Robert Mulhere RWA, Inc. 6610 Willow Park Drive Naples, Florida 34109 Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6126, Sabal Bay PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk @clerk.collierfl.us ` ty -of- Collier CLERK OF TH1 dtRC:TIT COURT 17E COLLIER COUNTY UR USE Dwight E. Brock 3301 TAMIAMI T L EAt2 Clerk of Courts Clerk of Courts P.O. BOX 4 044 Accountant NAPLES, FLORIDA'3�101 -3044 Auditor �•_' Custodian of County Funds f r October 3, 2005 WCI Communities 24301 Walden Center Drive Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ -A- 2004 -AR -6126, Sabal Bay PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierclerk(a clerk.collier.fl.us Heidi R. Rockhold From: Heidi R. Rockhold Sent: Monday, October 03, 2005 3:59 PM To: 'legals @naplesnews.com' Subject: PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD 17E Attachments: PUDZ -A- 2004- AR- 6126.doe; PUDZ -A- 2004- AR- 6126.doc Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005. �E �N PUDZ- A- 2004 -AR -6 PUDZ -A- 2004 -AR -6 126.doc (30 KB... 126.doc (32 KB... If questions, please call Thank you, Heidi R. Rockhold, Minutes and Records Department 239 -774 -8411 (heidi. rockhold @,clerk. collierfl. us) Heidi Rockhold Heidi R. Rockhold From: ClerkPostmaster 1 i Sent: Monday, October 03, 2005 3:59 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT2325912.txt; PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD EJ `L -1 J ATT2325912.txt PUDZ -A- 2004 -AR -6 (231 B) 126 - Sabal Ba... This is an automatically generated Delivery Status Notification. Your message has been successf dly relayed to the,follovving recipients, but the requested delivery status noty cations may not be generated b y the destination. legals{ .naplesnevvs.coin Heidi Rockhold Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Monday, October 03, 2005 3:58 PM To: Heidi R. Rockhold Subject: Delivered: PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD Attachments: PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD LLJ PUDZ -A- 2004 -AR -6 126 - Sabal Ba... «PUDZ -A- 2004 -AR -6126 - Sabal 13ay PUD>> Your inessage To: le als(�t naplesnews.cons Subject: PUDZ -A- 2(X14 -AR -6.126 - Sobal Bay PUD Sent: Mon, 3 Oct 2005.15:59:11 -0400 ivas delivered to the.tollowing recipient(s): legals on Mon, 3 tact 2005 15:58:19 -0400 Heidi Rockhold PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD Page 1 of 1 Heidi R. Rockhold 17E From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, October 03, 2005 4:06 PM To: Heidi R. Rockhold Subject: RE: PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD CSI,, - - - -- Original Message---- - From: Heidi R. Rockhold [mai Ito: Heidi. Rockhold @clerk. colIier.fl.us] Sent: Monday, October 03, 2005 3:59 PM To: legals @naplesnews.com Subject: PUDZ -A- 2004 -AR -6126 - Sabal Bay PUD Legals, Please advertise the above mentioned notice on Sunday, October 9, 2005. «PUDZ -A- 2004- AR- 6126.doc>> «PUDZ -A- 2004- AR- 6126.doc>> If questions, please call Thank you, Heidi R. Rockhold, Minutes and Records Department 239 - 774 -8411 (heidi. rockhold @clerk. collierfl. us) 10/3/2005 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally + appeared B. Lamb, who on oath says that they I c serve as the Assistant Corporate Secretary of the Naples Daily HO, a daily newspaper published at Naples, in Collier County, 1 V, Florida; distributed in Collier and Lee counties of Florida; that e to the attached copy of the advertising, being a u,, PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue October 9th, 2005 Afiiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /j I -A ( Signature of affiant) Sworn to and subscribed before me This October 9th, 2005 (Si ature of notary public) �f �.vvAr �iaiflelr SUS11011,J Mmfe V N T Y My ,t','MMlSSiON# !V74584 EXPIRE, FRE W. E. CHAIR, x +ly ", 2007 ,Enr DWIGHT E. !ROCK, ,iF at, r�,iti ItiCl,ItvC CLERK BY: u�Heidi R. Rockhold, ((SEALS Clerk Oct. 9a No. 1241193 i il i cam of a 1 uRr(ta cotpt reaN u i pro, 1 1 o2Fao4•AR�1z6 CONSIDER OWNA14CE IR ven Ooto• !_the gas ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I throu #4, complete the checklist and forward to Sue Filson line #5 Route to Addressee(s) (List in routing order Office Initials Date I. Sandra Lea CDES Administration (Initial) Applicable) 2. November 15, 2005 Agenda Item Number 17.E. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance and attachments Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 213 -2931 Contact a ro riate. (Initial) Applicable) Agenda Date Item was November 15, 2005 Agenda Item Number 17.E. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance and attachments Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from A contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired.z 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on November 15, 2005 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17E ORDINANCE NO. 05- 59 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, AND AGRICULTURAL (A) ZONING DISTRICT A PORTION OF WHICH HAS AN AGRICULTURAL SPECIAL TREATMENT OVERLAY, TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY MPUD. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATIONNILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS -OF -WAY. THE SUBJECT PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY, IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08± ACRES; THIS ORDINANCE ALSO IS PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86 -77, THE CDC PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Mulhere of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing WCI Communities, Inc. and CDC Land Investments, Inc., in Petition Number PUDZ -A- 2004 -AR -6126, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development (PUD) Zoning District and Agricultural, (A) Zoning District, a portion of which has an agricultural special treatment overlay, to a Mixed Use Planned Unit Development (MPUD) Zoning District 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 Page 1 of 2 17E described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 86 -77, known as the CDC PUD, adopted on November 10, 1986, 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 super r ajonty vote of the Board of County Commissioners of Collier County, Florida, this /0 day of IY�, 2005. ATTEST: DWIGHT E. BROCK, CLERK b 1z ' AtLirst as Cara ran': Apprpyed as to Form and Legal `Sufficiency Marjo e M. Student - Stirling Assistant County Attorney PUDZ -A- 2004 -AR -6126, Sabal Bay PUD /KD /sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: w - FRED W. COYLE, CHAI Page 2 of 2 17E Sabal Bay A MIXED -USE PLANNED UNIT DEVELOPMENT 2,416.08 +/- Acres Located in Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida PREPARED FOR: WCI Communities, Inc., and Collier Development Corporation PREPARED BY: Robert J. Mulhere, AICP RWA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 And Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 DATE REVIEWED BY CCPC DATE REVIEWED BY BCC November 15, 20C ORDINANCE NUMBER 2005 -59 AMENDMENT AND /OR REPEAL R e p e a l s 8 6- 7 7 Created by WARNOLD TABLE OF CONTENTS 17E PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION 11 PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL /GOLF ( "R/G ") 3 -1 SECTION IV RECREATION/VILLAGE CENTER ( "REC/VC ") 4 -1 SECTION V COMMERCIAL /OFFICE ( "CO ") 5 -1 SECTION VI PRESERVE ( "P ") 6 -1 SECTION VII PUBLIC FACILITIES ( "PF ") 7 -1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8 -1 EXHIBIT A MPUD MASTER PLAN EXHIBIT B LEGAL DESCRIPTION EXHIBIT C SCHEDULE OF DEVIATIONS APPENDIX A BALD EAGLE MANAGEMENT PLAN 17E STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the applicants, WCI Communities, Inc., (WCI), and CDC Land Investments, Inc., hereinafter referred to collectively as the developer, to create a Mixed -Use Planned Unit Development (MPUD) on 2,416.08 +/- acres of land located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The name of this MPUD shall be Sabal Bay. The development of Sabal Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development will be consistent with the GMP goals, objectives and policies, and with the Collier County Land Development Code (LDC), and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe Sub - District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe Sub - District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. a) The proposed residential density of Sabal Bay is 1.26 dwelling units (DUs) per acre, 1,999 units /1585 acres, which excludes the 31.00 acre educational facility, 1.00 acre East Naples Fire Control and Rescue District site, 75.01 acres of commercial uses, 12.40 acres of platted right -of -way, and 711.67 acres of tidal wetlands. This density is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The base density allowed by the FLUE for the entire subject property is four (4) DUs per acre. Due to the project's location within the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density permitting a maximum density of three (3) dwelling units per acre. b) The maximum combined density and intensity within this PUD shall not exceed the Development of Regional Impact (DRI) thresholds for mixed -use developments, established for Collier County on the date of adoption of this PUD. Specifically, this PUD is limited to a maximum of one - hundred and sixty percent (160 %) of any combination of the individual DRI thresholds for three or more uses, including residential, office, retail, and hotel uses, and no single use exceeds one - hundred percent (100 %) of the DRI threshold for that use. Further, in no case shall commercial uses, inclusive of the existing 87,038 square feet of existing commercial development, exceed the following: 250 hotel rooms; 200,000 square feet of retail; and, 60,000 square feet of office. c) The undeveloped and developed commercial acreage is consistent with the provisions of the FLUE as it is located within Activity Center # 17 at US 41 and Thomasson Drive. W 17E d) Commercial uses within the RecreationNillage Center District are consistent with FLUE Map -11, which identifies existing zoning consistent with the FLUE by Policies 5 -9, 5 -10, 5 -11, and 5 -12. Moreover, the area and allowable uses within the RecreationNillage Center District are consistent with the provisions set forth in Policy 5.1. 3. The Sabal Bay MPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with the LDC as set forth in Objective 3 of the FLUE. 5. The development of the Sabal Bay MPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. 6. The Sabal Bay MPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Chapter 6 and Chapter 10, of the LDC. Transportation concurrency is partially vested in that the Developer is entitled to a Certificate of Adequate Public Facilities for transportation concurrency for 1,766 dwelling units, upon compliance with the provisions set forth in the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. 8. By virtue of compliance with the provisions of Chapter 6, of the LDC, the project will also implement, and further Objective 2.0 of the FLUE, Objective 1.2 of the Sanitary Sewer Sub - Element, and Objective 1.5 of the Recreation and Open Space Element. 9. The native vegetation provisions of the Sabal Bay MPUD implement Policy 6.1.1 of the Conservation Coastal Management Element in that native preserves will be incorporated into the project design. 10. The development's commitment regarding the Lely Area Stormwater Improvement Project (Section 8.6(E) of this Document) is consistent with and furthers Policy 1.3.4 of the Drainage Sub - element of the Public Facilities Element in that it improves the existing Lely Canal drainage facility. 11 17E SHORT TITLE This ordinance shall be known and cited as the "SABAL BAY PUD MIXED -USE PLANNED UNIT DEVELOPMENT ORDINANCE ". 17E SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 1.2 1.3 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Sabal Bay MPUD, and to describe the existing conditions of the property proposed to be developed. LEGAL DESCRIPTION The subject property referred to within this Document as "project site" and "project area ", is comprised of 2,416.08 +/- acres, and located within Sections 23, 24, 25, 26, and 36 Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, and is legally described as: See Exhibit "B" GENERAL DESCRIPTION OF PROPERTY A. The subject property is located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida. The property is generally located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway in the western portion of Collier County. B. The zoning classification of the subject property, at the time of the MPUD application is PUD, A - Agriculture, and A -ST — Agriculture Special Treatment Overlay. C. Elevations within the subject property are approximately 8 to 11 feet above MSL. Per FEMA Firm Map Panel No. 1200670 581 F, 1200670 582 F, 1200670 583 E, 1200670 584 E, and 1200670 605 E, dated August 3, 1992, the Sabal Bay property is located within AE 8 -11 of the FEMA flood insurance rate map. D. A large portion of the subject property contains native vegetation habitats of varying quality. The property also contains a significant amount of jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Subsection 10.02.02(A) of the LDC, and provisions for on -site preservation of higher quality wetlands, interspersed with uplands, are incorporated into the design of the conceptual master plan, and overall water management system. The Sabal Bay MPUD contains a wide variety of vegetative communities inventoried and mapped in the EIS. The site has been designed to provide for onsite protection of habitat for listed species. in 17E E. The soil types on the subject property include a variety of hydric and non -hydric soils listed in EIS. F. The subject property is located within the Collier County Water Management District Henderson Creek Watershed. G. A portion of the subject property is located within the City of Naples Water Service District. H. The subject property is partially developed pursuant to the January 7, 2002 Preliminary Development Agreement (PDA) with the State of Florida's Department of Community Affairs to allow development on 83 acres of the property within Collier County. 1.4 DENSITY A. A maximum of 1999 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial /office (c /o) development, Village Commercial (REC/VC), tidal wetlands, and platted rights - of -way, is approximately 1585 acres. The gross project density shall be a maximum of 1.26 dwelling units per acre. 1 -2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 17E The purpose of this Section is to generally describe the plan of development for the Sabal Bay MPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Sabal Bay MPUD will be a mixed -use planned unit development. The MPUD will incorporate residential, golf, commercial, recreational, and preserve land uses. The northeastern portion of the property along US 41 is located within Activity Center #17 and shall allow for commercial /office uses. There currently exists 87,038 square feet of retail development within the MPUD authorized to be constructed pursuant to a PDA between Collier Development Corporation and the State of Florida Department of Community Affairs. The other uses shall be distributed throughout the remainder of the MPUD property, as set forth on the MPUD Master Plan (Exhibit A). Access to the property shall be from East Tamiami Trail (US 41), Thomasson Drive, and Bayshore Drive. The project will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services shall be provided as deemed appropriate. B. The MPUD Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual, residential, commercial, recreational areas, water management features, and tract development areas shall be determined at the time of site development plan (SDP) and/or subdivision plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Sabal Bay MPUD shall be in accordance with the contents of this MPUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this MPUD Ordinance) and the GMP in effect at the time of issuance of any development order to which said regulations authorize the construction of improvements, such as but not limited to subdivision plat, SDP, excavation permit and preliminary work authorization. Where these MPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. 2 -1 17E B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this MPUD shall be subject to the Adequate Public Facilities Ordinance, Section 6.02.00 and Section 10.02.07 of the LDC. At this time, 1,766 residential units are vested for transportation concurrency pursuant to the terms of the Standard Form Collier County Contribution Agreement for Road Impact Fee Credits dated October 22, 2002, between Collier Land Development, Inc., Collier Development Corporation, and the Board of County Commissioners. In addition, 87,038 square feet of commercial development exists within the MPUD boundary. D. Unless modified, waived or excepted by this MPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this MPUD. E. All conditions imposed herein or as represented on the Sabal Bay Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Section 10.02.04 and Appendix B) shall apply to the Sabal Bay MPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to Subsection 10.02.02(B) the LDC. G. The Site Development Plans Section of the LDC (10.02.03) shall apply to the Sabal Bay MPUD, except where an exemption is set forth herein or otherwise granted pursuant to Subsection 10.02.03(B) of the LDC. H. Recognizing that the MPUD Master Plan does not designate specific dwelling unit types, the type of dwelling unit which characterizes the initial development of any platted tract or phase of a platted tract shall be carried out throughout the development of that tract or phase. L Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as they exist on the date the MPUD is approved. The project shall be monitored through the PUD monitoring process on an annual basis and during SDP and/or subdivision plat review process, as may be applicable. 2 -2 17E 2.4 ROADWAYS A. Roadways within the Sabal Bay MPUD shall be privately owned and maintained, except for Thomasson and Xeric Drive, which will be public roads. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The developer reserves the right to request substitutions to design standards in accordance with Subsection 10.02.04(A)(3) of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. B. Roadways within the Sabal Bay MPUD shall be designed and constructed in accordance with Chapter 10 of the LDC with the following substitutions: 1. Streets and access improvements a. Street Right -of -Way Width: At the discretion of the developer, the minimum right -of -way width to be utilized for local streets and cul -de -sacs may be fifty feet (50'), a deviation from LDC Subsection 6.06.01(0) that requires rights -of- way for local roads to be at least sixty feet (60'). Drive aisles serving multi - family tracts shall not be required to meet this standard. b. Dead -end Streets: Cul -de -sacs may exceed a length of one thousand feet (1,000'), a deviation from LDC Subsection 6.06.01(J) that limits cul -de -sacs to 1,000 feet. c. Reverse Curves: Tangents between reverse curves are not required for any local street design in this MPUD. A deviation from Section III, Exhibit "A ", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66. 2.5 SIDEWALKS /BIKEPATHS, BIKE LANES A. Sidewalks: All roads other than local roads shall have a six foot (6') wide sidewalk on both sides of the street as illustrated on Exhibit A, or a minimum ten foot (10') wide pathway on one side of the street which may meander in and out of the right - of -way. B. Bike lanes shall be provided on both sides of collector and arterial streets. C. Pursuant to Chapter 6.06.02 of the LDC, sidewalks/bike paths shall be permitted as follows: 2 -3 17E 1. An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right -of -way serving the adjacent residential tract. 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; however, the landscape buffer shall be increased in width by an amount equal to the encroachment at the point of encroachment. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 22- 122(a) of the Collier County Code of Laws and Ordinances may be reduced subject to the provisions established in Section 22- 122(a) of the Collier County Code of Laws and Ordinances. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 22- 122(c) of Collier County Code of Laws and Ordinances, and subject to permit approval from the South Florida Water Management District. Removal of fill and rock from the Sabal Bay MPUD shall be administratively permitted to an amount up to ten (10) percent per lake (20,000 cubic yards maximum), unless the project is issued a commercial excavation permit. 2.7 FILL STORAGE Fill storage is generally allowed throughout the Sabal Bay MPUD. Fill may be transported and stockpiled within areas that have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator and shall demonstrate compliance with the following standards: 1. Stockpile maximum slope: 2:1 2. Stockpile maximum height: Thirty Feet (30') 3. Fill storage in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Area Surface Drainage Improvements Project. 4. Soil erosion control shall be provided in accordance Subsection 10.02.02.0 of the LDC. 5. Stockpiles with side slopes greater than 4:1 shall be fenced with childproof fencing. 2-4 17E 2.8 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.9 MODEL HOMES /SALES CENTERS /SALES OFFICES/ CONSTRUCTION OFFICES A. Models, sales /rental centers and other uses and structures related to the promotion and sale, resale, and/or rental of real estate and/or golFsports memberships such as, but not limited to, pavilions, viewing platforms, gazebos, tents, parking areas, and signs, shall be permitted principal uses throughout the Sabal Bay MPUD subject to the requirements of Chapters 4.05.00, 4.06.00, 5.06.00 and 5.04.04 of the LDC. Such temporary use permits shall be valid through the life of the project with no extension of the temporary use permit required. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and, where required, associated SDP or site improvement plan (SIP) application(s) for residential models, shall be submitted, and approved pursuant to Chapters 4.05.00, 4.06.00, 5.06.00, and 5.04.04 of the LDC, with applications for the subdivision plat. The location of the model units within a future platted lot shall be depicted on the SDP or SIP, as the case may be. All model units shall be located on lots that will be platted through subsequent development order approvals, and shall comply with all development standards applicable to said lots. C. Temporary uses for sales centers may be serviced by temporary well and septic systems. D. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re -sale of residences within the boundaries of the Sabal Bay MPUD and/or golf and sports club memberships. The use of a portion of the clubhouse as a temporary sales facility shall cease when the project is released to the control of the homeowners' association. 2.10 CHANGES AND AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Changes and amendments may be made to this MPUD Ordinance, MPUD Master Plan as provided in LDC Subsection 10.02.13.E. Minor changes and refinements as described in Section 8.3 C of this Document, may be made by the developer in connection with any type of development or permit application required by the LDC. 2 -5 17E 2.11 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a Community Development District (CDD) established pursuant to Chapter 190, Florida Statutes, or by a property owners' association. For those areas not maintained by a CDD, the developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Sabal Bay MPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: a. Perimeter: 3:1 b. Internal to project: 3:1 3. Other slope stabilizing materials and landscape features, including natural or manmade rock features and geotextile mats, where necessary, excluding rip rap: 1:1 4. Structural walled berms: vertical B. Fence or wall maximum height: 1. Perimeter fences or walls shall be permitted at a height of eight feet (8'), as measured from the finished grade of the ground at the base of the fence or wall. This constitutes a deviation from Subsection 5.03.02B of the LDC allowing wall height to be measured from finished grade, rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road. If the fence or wall is constructed on a perimeter landscape berm, the berm and wall in combination shall not be higher than 8 feet from the finished grade. 2. All other fences or walls shall not exceed a height of six feet (6') as measured from the finished floor elevation of the nearest residential structure. Fences or walls constructed on a landscaped berm shall not exceed a height of six feet (6), as measured from the top of the berm and the combination of berm and fence shall not exceed eight feet (8'), as measured from existing grade. 2 -6 17 3. Entrance features, which are an integral part of security and access control structures such as gatehouses and control gates, shall be subject to the height limitations for principal residential structures, not to exceed 35 feet. C. Pedestrian sidewalks and/or bike paths and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Chapter 4.06.02 of the LDC. Water management systems, and drainage structures, shall be permitted within a required buffer as provided in Subsection 4.06.02D(4) of the LDC. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Policy 5.6 of the FLUE of the Collier County GMP. B. The Sabal Bay MPUD is a planned community and shall be developed under unified control. The developer will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities such as landscapes, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sabal Bay MPUD except in the Preserve Area. General permitted uses are those uses which generally serve the developer and residents of the Sabal Bay MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Water management facilities and related structures. 2. Irrigation treatment and distribution facilities. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 2 -7 17E 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this Document. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from MPUD boundary: See Table I, Section III, Development Standards. 3. Minimum distance between unrelated structures — Ten feet (10') 4. Maximum height of structures — See Table I, Section III Development Standards. 5. Minimum floor area — None required. 6. Minimum lot or parcel area — None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of SDP approval. 2.15 OPEN SPACE REQUIREMENTS The Collier County LDC requires that mixed -use residential projects maintain open space at a minimum of 30% of the entire MPUD. The MPUD Master Plan identifies preserves, lakes, recreation tracts, including golf course area, and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Subsection 4.02.0113 of the LDC for mixed -use developments. 2 -8 17E 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6. 1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07 of the Collier County LDC, a minimum of 559.52 acres (25% of the 2,238.07 +/- acres of native vegetation on site) is required to be retained or replanted. For the purposes of this MPUD, the Preserve Tracts, which equal 56% +/- (1,256.24 acres) of the 2,238.07 +/- acres of native vegetation occurring on site, will fully satisfy the native vegetation requirements of Collier County. Of the 2,416.08 ± acres on the project site, 178.01± acres are not considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include commercial uses, open water, cleared lands, and agricultural lands. Of the remaining habitat types, exotic plant species coverage was not evaluated according to canopy coverage alone; therefore, these habitats are not excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP. Since the on -site preserve will exceed the GMP requirement, the applicant has elected not to further evaluate native habitats on -site to exclude them from this requirement. 2.17 SIGNAGE A. GENERAL All signs shall be in accordance with Section 5.06.00 of the LDC except in the following instances. 1. Two ground or wall entrance signs shall be allowed at the entrance to each individual residential tract and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet as measured from finished grade. These signs shall not contain more than the project name of the individual tract, the main project name or any major use, the insignia or motto of the project and the developer's name and logo. Said signs shall be located so that they are visible only internal to the Sabal Bay MPUD. This constitutes a deviation from Subsection 5.06.04A.6.(b) of the LDC, which limits such signs to 64 square feet. 2. Two ground signs are permitted for each project entrance (on US 41, Thomasson Drive and Bayshore Drive), and shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall be limited to 120 square feet in area and shall only contain the name of the project or any major use, insignia or motto of the entire development, and the developer's name and logo and shall be architecturally compatible with the landscape buffer along the project boundaries and the common architectural theme of the entire project. This constitutes a deviation from LDC Section 5.06.05 which limits such signs to 64 square feet. 2 -9 17E 3. Boundary marker monuments containing project identification signs designed to identify the project, or any major use within the project, shall be permitted in locations depicted on the MPUD Master Plan (Exhibit "A "). The sign face area for such boundary markers shall not exceed 64 square feet in area and shall not exceed the height or length of the monument on which it is located. If the sign is two - sided, each sign shall not exceed 64 square feet in area. Each sign shall only contain the main project name, insignia or motto of the entire development, and the developer's name and logo. 4. In the case of commercial development within the RECNC District, which is internalized within the MPUD, and in consideration of mixed -use and/or neo- traditional development, signage may vary from the requirements of Chapter 5.06.00 of the LDC. 5. Traffic signs, such as street signs, stop signs, speed limit signs, internal directional signs, and the like, shall be designed to reflect a common architectural theme. The placement and size of such signs shall be in accordance with the LDC, or other applicable County regulations. z -10 SECTION III RESIDENTIAL /GOLF 3.1 PURPOSE 17E The purpose of this Section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as "R/G ", Residential/Golf. 3.2 MAXIMUM DWELLING UNITS A maximum of 1,999 approved residential dwelling units may be constructed on lands designated "R/G" Residential on the MPUD Master Plan. For purposes of project density, 4 ALF units shall constitute 1 golf residential dwelling unit. However, the maximum density on tract R/G8 is limited to 390 dwelling units. 3.3 GENERAL DESCRIPTION Areas designated as "R/G," Residential /Golf, on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.14 of this Document, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R/G ", Residential/Golf, is indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP, or subdivision plat approvals, in accordance with Sections 10.02.03 and 10.02.04 of the LDC. Residential/Golf tracts are designed to accommodate internal roadways, open spaces, golf course uses and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached and detached dwellings, townhomes. 2. Single family and zero lot line dwellings. 3. Two - family and duplex dwellings. 3 -1 [a 17E 4. Multi - family dwellings including mid -rise, coach home and garden apartments. Multi- family buildings are limited to a maximum building height of 50 feet measured as set forth in the LDC Section 1.08.02 Definitions "building, zoned height of', except that within tract RG4, depicted on Exhibit "A ", multi- family buildings shall be permitted up to a height of 10 residential floors over parking, not to exceed a zoned height of 150 feet ", and an actual height of 165 feet. 5. Timeshares 6. Model homes and model home centers including offices for project administration, construction, sales and marketing. 7. Assisted living facilities (ALF) with ancillary medical uses and personal services for residents and their guests, including but not limited to, beauty salon, bank, pharmacy and convenience store are permitted as ancillary uses. (Such ancillary medical or personal service uses shall only be accessed from inside the ALF). No external signage or advertising is permitted in support of these ancillary medical or personal service uses. As ancillary uses, not intended for utilization by the general public, such ancillary medical or personal service uses shall be limited in size and intensity to an amount determined to be necessary to serve the residents of the ALF, their guests, and the facility employees. 8. Golf course and golf course related facilities, except within tract R/G8. 9. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. 2. Community, and golf course related recreational facilities and structures including clubhouses, health and fitness facilities, restaurants, cocktail lounges, pro - shops, driving ranges, pools, meeting rooms, community buildings, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve community residents and their guests. 3. Community and golf course related maintenance facilities, water management facilities, and utility and maintenance structures and staff offices. 3 -2 17E 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Sabal Bay MPUD Residential /Golf Area. Standards not specified herein shall be those specified in Chapter 5 of the LDC in effect as of the date of adoption of this MPUD Ordinance. B. The following standards shall be applicable to the proposed ALF use. Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. 1. Minimum Lot Size: 1 acre. 2. Minimum Yard Requirements: i) Front: 25 feet ii) Side: 15 feet, except no setback shall be required from any lake easement. iii) Rear: 25 feet, except that no setback shall be required from any lake easement. 3. Floor Area Ratio: 0.45 FAR. 4. Maximum height: 3- stories over one level of parking not to exceed a zoned height of 50 feet. C. Site development standards for single family, zero lot line, two- family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi - family standards apply to platted parcel boundaries, unless otherwise specified. D. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of SDP approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3 -3 17E TABLE I: SABAL BAY MPUDDEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL /GOLF AREA SETBACK SINGLE ZERO TWO SINGLE MULTI FAMILY/ CLUBHOUSE/ ALFs s FAMILY LOT LINE FAMILY/ FAMILY TIMESHARE RECREATION DETACHED DUPLEX ATTACHED/ DWELLINGS BUILDINGS TOWNHOME PRINCIPAL STRUCTURES10' Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF N/A Per Section per lot or 3.5 B unit 10,000 SF Minimum Lot Width 2 40' 35' 35' per lot 20' N/A N/A or unit N/A 15' 15' 15' 15' 15' or .5 BH, Per Section whichever is greater, 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD Front Yard Setback perimeter boundary. 20' Front Yard for Side N/A Entry Garage 10' 10' 10' 10' 15' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary. N/A 15' or .5 BH, whichever is greater, not to exceed 50 feet, and a minimum of 75 feet from the PUD Rear Yard' 10' 10' 10' 10, perimeter bound 15' Side Yard 6' 0' or 6' 0' or 6' 0' or 6 3 15' or 50% of BH, Per Section whichever is greater 3.5 B not to exceed 50 feet, and a minimum of 75 feet from the PUD perimeter boundary 4 10' From Golf Course 0 0 0 0 0 0 0 From Preserve' 25' 25' 25' 25' 25' 25' 25' 50' above FEMA Per Section Maximum Hei ht5 35' 35' 35' 35' elevation 5,7 55' 3.5.13 Floor Area Minimum 1200 SF 1200 SF 1200 SF 1200 SF 700 SF N/A a (SF) N/A Minimum Distance 15' or Between 15' or .5 SBH, 15' or .5 SBH, .5 SBH, 4 Principal Structures 12' 12' 12' 12' 49 whichever is greater ' whichever is 4 whichever is greater 4 eater ACCESSORY STRUCTURES'O,u Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' S' S' S' S' 10' 10' From Preserve' 10' 10' 10' 10' 10' 10' 10' Minimum Distance 0' or 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10i4 0' or 10'4 Minimum Distance 0' or 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or 10' 0' orl0' 0' or 10' 0' or 10'4 0' or 10i4 Maximum Height SPS SPS SPS SPS 50' SPS 50' 3-4 G: \Current\Des 1=\PUD Rezones \Sabal Bay, PUDZ -A- 2004 -AR -6126 1PUD documents \Sabel Bay MPUD 11- 9- 05.doc 11/9/2005 17E BH: Building Height -measured as defined in LDC Section 1.08.02 Definitions "building, zoned height of." SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. SPS: Same as Principal Structure Front yards shall be measured as follows: If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. * 1 - Setback from lake easements for all accessory uses and structures may be 0 feet. Setback from preserve areas shall be 25 feet for principal structures and 10 feet for accessory structures, or as may otherwise be permitted in accordance with the applicable provisions set forth in LDC Section 3.05.07. *2 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in the LDC. *3 - Zero feet (01). Where the zero foot (0') yard option is utilized, the opposite side of the structure or attached structures shall have a twelve foot (12') side yard. Where zero lot line development is proposed, a conceptual site plan shall be submitted with the application for final subdivision plat approval. The conceptual site plan shall depict the proposed location of dwelling units and the required setbacks. *4 - Distance between principal and accessory structures for multi - family development: Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to Fire District approval at the time of site plan review. In no case shall the distance between principal structures be less than 10 feet or .25 SBH, whichever is greater. A common architectural theme shall be demonstrated during SDP review through submittal of drawings and renderings depicting common signage, common entry design features, common landscape and landscape features, and common architectural building design features. *5 - Building height is measured as set forth in LDC Section 1.08.02 Definitions "building, zoned height of." Mid -rise structures within Tract&- R/G4, as depicted on the MPUD Master Plan (Exhibit "A ") shall have a maximum height of 10 residential floors over parking, not to exceed 150 feet of zoned height as measured pursuant to LDC Section 1.08.02 Definitions `Buildings, zoned height of ", and a maximum actual height of 165 feet. *6 - Front loading garages shall have a minimum front yard setback 23 feet, as measured from the back of sidewalk. Side loaded garages may be located less than 23 feet from the back of sidewalk provided that the driveway design allows for parking of vehicles so as not to interfere with or block the sidewalk. *7 - 50 feet for R/G8. *8 - Standards not specified herein shall be those specified in Section 5.05.04 of the LDC in effect as of the date of adoption of this MPUD Ordinance. There is no minimum floor area established for an ALF; however, the maximum floor area ratio (FAR) is .45 as set forth in Section 5.05.04 of the LDC. *9 - Minimum separation between parking decks under mid -rise structures shall not be less than 60 feet. 10 - In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC applicable provisions in effect at the time or permitting. 11 - Where setbacks are measure as a percent or factor of building height, the "Zoned" building height shall be utilized. -9sj SECTION IV RECREATION/VILLAGE CENTER 4.1 PURPOSE 17E The purpose of this section is to identify permitted uses and development standards for areas within the Sabal Bay MPUD designated on the Master Plan as REC/VC, "Recreation /Village Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the REC/VC Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Section 10.02.03 and Section 10.02.04 of the LDC. The REC/VC area shall accommodate a variety of recreational, water management, open space, commercial uses, including temporary lodging establishments, as well as customary accessory uses associated with the permitted principal use, and essential services. The REC/VC Subdistrict shall not be subject to the conditions, limitations or restrictions set forth in Chapter 4.07.04 of the LDC. The commercial uses identified within this subdistrict are permitted pursuant to FLUE Map 11 that establishes exempt commercial areas within the boundaries of the MPUD which have been determined to be consistent by policy (FLUE Policy 5.9). Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), as those regulations exist on the date this MPUD is approved. The developer shall provide the County with incremental development information, including the aggregate commercial square footage within the REC/VC Tract and within the PUD in total, as required during the annual PUD monitoring process, and through the SDP and/or subdivision plat application submittal process. 4.3 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. Recreational facilities and structures such as, but not limited to, pools, tennis courts, health and fitness facilities, clubhouses, meeting rooms, community buildings, playgrounds, and playfields. 2. Commercial banks (Groups 6021 -6029 drive- through facilities are prohibited). 4 -1 17E 3. Real estate agents and managers for property within PUD only (Group 6531). 4. Hardware store only - 2,500 square feet, maximum floor area (Group 5251). 5. Variety stores - 2,500 square feet maximum floor area (Group 5331). 6. Miscellaneous general merchandise stores, except catalog showrooms - 2,500 square feet maximum floor area (Group 5399). 7. Grocery stores, 10,000 square feet maximum floor area (Group 5411). 8. Fish, meat, and seafood markets only (Group 5421). 9. Fruit and vegetable markets (Group 5431). 10. Retail bakeries (Group 5461). 11. Coffee stores and health food stores only - 2,500 square feet maximum floor area (Group 5499). 12. Gasoline service stations, except truck stops (Group 5541). 13. Apparel and accessory stores - 2,500 square feet maximum floor area (Groups 5611 - 5661). 14. Record and prerecorded tape stores (Group 5735). 15. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive- through facilities (Group 5812). 16. Liquor stores (Group 5921). 17. Gift, novelty, and souvenir shops (Group 5947). 18. Sewing, needlework, and piece goods stores (Group 5949). 19. Florists (Group 5992). 20. Agents for laundries and drycleaners only (Group 7212). 21. Coin - operated laundries and drycleaning (Group 7215). 4 -2 17E 22. Diaper service, and garment alteration and repair shops only (Group 7219). 23. Beauty shops, except beauty schools and cosmetology schools (Group 7231). 24. Barber shops, except barber colleges (Group 7241). 25. Depilatory salon, electrolysis, massage parlor, shopping services for individuals, and tanning salons only (Group 7299). 26. Housekeeping and maid services only (Group 7349). 27. Videotape rental (Group 7841). 28. Physical fitness facilities (Group 7991). 29. Offices and/or clinics of physicians, and offices and/or clinics of dentists. (Groups 8011- 8021). 30. Offices and clinics of chiropractors (Group 8041). 31. Establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. Within the REC/VC Subdistrict, up to 150 temporary lodging units may be developed. Those temporary lodging units may be developed as typical hotel or motel units or may be developed as independent detached or attached units constructed so as to appear like residential dwelling units of various types (No more then 250 temporary lodging units shall be permitted within the entire MPUD). 32. Timeshares 33. Miscellaneous Retail Stores, not elsewhere provided for above (Groups 5699, 5999), whether accessory to a hotel, motel, clubhouse, or independent. 33. Open space uses, and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, fishing/observation pier, picnic areas, fitness trails, and shelters. B. Permitted Accessory Uses and Structures 1. Customary accessory uses or structures incidental to recreation and village center areas and, or facilities, including structures constructed for purposes 4 -3 17E of maintenance, storage or shelter with appropriate screening and landscaping. 2. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Parking facilities and signage b. One caretaker's residence C. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25'). 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Proposed structures located adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required 20- foot lake maintenance easement. 5. Principal and accessory structure setbacks from Preserve Area i) Principal structure: Twenty -five feet (25') ii) Accessory structure: Ten feet (10') B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to seventy -five feet (75'). D. Minimum distance between principal structures - Ten feet (10'), or greater, if required by local fire codes in effect at time of development. E. Minimum distance between accessory structures - Ten feet (10'). F. Parking for uses and structures constructed in the RecreationNillage Center: The amount of required parking within this District may be reduced by up to 25% of the applicable LDC parking requirements if it is demonstrated that such a reduction is warranted through the submission of a shared parking analysis, to be submitted with an SDP application. The amount of parking necessary shall be determined utilizing the modal splits and parking demands for various uses recognized by the Institute of Traffic Engineers (ITE), Urban Land Institute (ULI) or other sources or studies. The analysis shall demonstrate the number of parking spaces available for more than one 4-4 17E use or function, recognizing the required parking spaces will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed upon by the County Transportation Staff and the applicant during the SDP pre- application meeting. The shared parking analysis shall use the maximum square footage of uses proposed by the SDP application. Note: Any such reduction approved by staff is a deviation from the requirements set forth in LDC Section 4.05.04. G. Architectural and Site Design Standards: Commercial development within the RECNC Subdistrict shall conform with the guidelines and standards of Section 5.05.08 of the LDC, or if variations from these guidelines are needed to accommodate mixed -use residential or neo- traditional neighborhood -scale commercial development, a separate plan for architectural design and site design and signage shall be submitted to the Collier County Zoning and Land Development Review Director at the time of the first SDP approval for commercial or mixed use development within this subdistrict. The plan for architectural design shall indicate the exact nature of any deviation from the requirements of Section 5.05.08 of the LDC, and shall further demonstrate that any such deviation, while varying from one or more of the provisions of Chapter 5.05.08, nonetheless are deemed to meet the overall purpose and intent of Chapter 5.05.08. 4 -5 SECTION V COMMERCIAL /OFFICE 5.1 PURPOSE 17E The purpose of this Section is to set forth the development plan for tracts designated as "C /O ", Commercial /Office on Exhibit "A ", MPUD Master Plan. The general function and purpose of this Tract is to provide the opportunity for diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions to many segments of the population. 5.2 MAXIMUM COMMERCIAL /OFFICE SQUARE FEET The 45 ± acre Commercial /Office Areas (Tracts C /O1, C /02 and C /03), shall be developed with an amount of commercial /office square footage that will not exceed individual DRI thresholds. Total retail or other uses on the C /O1 and C /02 shall not exceed 142,000 square feet of retail and 40,000 square feet of office space. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds established for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses) as those regulations exist on the date this MPUD is approved. This shall be monitored through the PUD monitoring process on an annual basis and through the SDP and/or subdivision plat review process. 5.3 PERMITTED USES 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. Establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, as outlined under Major Group 07 in the Standard Industrial Classification Manual, only including Industry Number 0742 — veterinary services for animal specialties. s -1 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. 17E 2. Establishments furnishing point -to -point communications services as outlined under Major Group 48 in the Standard Industrial Classification Manual; no communication towers are permitted. 3. Any retail business as defined in the Standard Industrial Classification Manual for the following categories: a. 523 — Paint glass, and wallpaper stores; b. 525 — Hardware stores; C. 526 — Retail nurseries, lawn and garden supply stores; d. Major Group 53 — General merchandise stores. 4. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual. 5. Any retail business engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. 553 — Auto and home supply stores, not including any installation facility; b. 554 — Gasoline stations, not including service facilities; C. Group 7542 — Carwashes only. 6. Any retail business engaged in selling new or used motorboats and other watercraft, marine supplies, and outboard motors as defined under Industry Group 555 in the Standard Industrial Classification Manual. 7. Any retail business engaged in selling apparel and accessories as defined under the Major Group 56 in the Standard Industrial Classification Manual. 8. Any retail business engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 9. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under the Major Group 58 in the Standard Industrial Classification Manual. 10. Any miscellaneous retail business as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 596 — non -store retailers; 598 — fuel dealers; and not including retail sale of fireworks. s -z 17E 11. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 12. Within Tract C /03 only, establishments operating primarily to provide temporary lodging such as hotels or motels as defined under Industry Group 7011 in the Standard Industrial Classification Manual. No more than 150 units shall be permitted. (No more than 250 units shall be permitted in total within the RECNC District and Tract C /03). 13. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 — Laundry, cleaning, and garment services, only including Group 7211 — power laundries, family and commercial, Group 7215 — coin - operated laundries and dry- cleaning, and Group 7217 — carpet and upholstery cleaning; b. 722 — Photographic portrait studios; C. 723 — Beauty shops d. 724 — Barber shops; e. 725 — Shoe repair shops and shoeshine parlors; f. 729 — Miscellaneous personal services, only including Group 7291 tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, costume rental, diet workshops, electrolysis (hair removal), genealogical investigation service, hair weaving or replacements service, dress suit or tuxedo rental, and tanning salons. 14. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry Groups: a. 731 — Advertising, not including Group 7312 outdoor advertising services agencies; b. 733 — Mailing, reproduction, commercial art and photography, and stenographic services; C. 735 — Miscellaneous equipment rental and leasing, only including Group 7352 — medical equipment, rental and leasing; d. 737 — Computer programming, data processing, and other computer related services, not including Group 7371 — prepackaged software. 5 -3 17E 15. Establishments primarily engaged in developing film and in making photographic prints and enlargements for the trade or for the general public, only including Group 7384, Photofinishing laboratories. 16. Establishments primarily engaged in furnishing automotive repair, rental, leasing and parking services to the general public, including Group 7513 — Truck rental and leasing, without drivers; Group 7514 — Passenger car rental; Group 7515 — Passenger car leasing; and Group 7519 — Utility trailer and recreational vehicle rental. 17. Establishments engaged in miscellaneous repair services, only including Group 7631 — Watch, clock, and jewelry repair and Group 7699 — Repair shops and related services, not elsewhere classified. 18. Establishments operating primarily to provide motion picture services as defined under Major Group 78 in the Standard Industrial Classification Manual, only including Group 7832 - Motion picture theaters, except drive -in, and Group 7841 — Videotape rental. 19. Establishments operating primarily to provide amusement and recreation services as defined under Major Group 79 in the Standard Industrial Classification Manual, for the following Groups: a. 7911 — Dance studios, schools and halls b. 7922 — Theatrical producers (except motion picture) and miscellaneous theatrical services C. 7941 — Professional sports clubs and promoters, only including managers of individual professional athletes, and promoters of sports events. d. 7991 — Physical fitness facilities e. 7999 — To include moped rental, motorcycle rental, rental of bicycles, schools and camps -sports instructional, scuba and skin diving instruction, sporting goods rental only. 20. Establishments operating primarily to provide medical and health services as defined under Major Group 80 in the Standard Industrial Classification Manual, for the following Groups: a. 801 — Offices and clinics of doctors of medicine; b. 802 — Offices and clinics of dentists; C. 803 — Offices and clinics of doctors of osteopathy; d. 804 — Offices and clinics of other health practitioners. 21. Establishments operating primarily to provide medical and dental laboratories as defined under Major Group 807 in the Standard Industrial Classification Manual, for the following Groups: a. Group 8071 — Medical Laboratories; s-4 17E b. Group 8072 — Dental Laboratories. 22. Establishment operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 23. Establishments primarily engaged in providing library services, only including Group 8231 — Libraries. 24. Membership organizations engaged in promoting the interests of their member as defined under Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following Groups: a. 8711 —Engineering services b. 8712 — Architectural services C. 8713 — Surveying services d. 8721 — Accounting, auditing and bookkeeping services e. 8732 — Commercial economic, sociological, and educational research f. 8741 — Management services g. 8742 — Management consulting services h. 8743 — Public relations services i. 8748 — Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Mixed multi - family residential and commercial uses located within C 101 and C /02 Tracts. Residential dwelling units shall be counted toward the maximum 1999 allowable residential dwelling units. A maximum of 390 units shall be permitted within the combined Tracts R/G8, C /01 and C /02. The commercial space shall be counted toward the maximum allowable square footage as allowed per DRI thresholds. Regardless of the ultimate mix of uses, in no case shall this MPUD exceed DRI thresholds, established in chapter 380 of Florida Statutes, for a mixed -use project (100 percent for a specific use and 160 percent of any combination of three or more uses), in effect on the date of approval of this PUD. This shall be monitored through the PUD monitoring process on an annual basis, and during all SDP and/or subdivision plat submittals. The mixed residential and commercial uses shall be subject to the following criteria: s -s 17E a. An SDP is approved pursuant to Chapter 10 of the LDC that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development shall be limited in hours of operation, size of delivery trucks, and type of equipment; C. The residential uses are designed so that they are compatible with commercial uses; d. Residential dwelling units may be located above principal structures; e. Residential and commercial uses shall not occupy the same floor of a building in which the uses are located; f. The mixed - commercial /residential structure shall be designed to enhance the compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses, directing commercial lighting away from residential units, and separating pedestrian and vehicular access ways and parking areas from residential units; and g. The SDP shall incorporate traditional neighborhood design (TND) principles. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage 2. One caretaker's residence 3. Temporary licensed uses such as art festivals, displays, outdoor gatherings or performances and outdoor food markets. C. Should market conditions not warrant commercial development within the C /03 Tract, that Tract shall be used for any uses permitted within the R/G Subdistrict, subject to all development standards setforth in Section III of this MPUD Document. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 10,000 square feet. B. Minimum Lot Width: 100 feet C. Minimum Yards (Internal): 1. Front Yard: Twenty (20) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 5 -6 17E 2. Side Yard: None, or a minimum of five (5) feet, with unobstructed passage from front to rear yard 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. 5. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with LDC provision in effect at the time or permitting." D. Minimum Yards and Buffers (External): 1. East Tamiami Trail (US 41): 50 -foot setback, except that canopies for gas stations shall maintain a 30 -foot setback, provided no gas pumps or pump islands are located closer than 30 feet from the East Tamiami Trail right - of -way. A 20 -foot landscape buffer, in accordance with Section 2.12 of this Document and Section 4.06.00 of the LDC, shall be provided along the entire frontage of US 41. In accordance with Subsection 5.05.05D1 of the LDC, should a gasoline service station be developed, a 25 foot wide landscape buffer is required along rights -of -way adjacent to the service station. In no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer, in accordance with the LDC provisions in effect at the time or permitting. E. Minimum Distance Between Non - attached Structures: Fifteen feet (15') or one - half the sum of the building heights, whichever is greater. F. Maximum Height: Five stories or fifty feet (50'), whichever is greater, except for hotels, which may be developed up to seventy -five feet (75')in height, as measured in accordance with the LDC definition of the term "building, zoned height of'. G. Minimum Floor Area: 500 square feet per principal structure, on the finished first floor. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of 25 square feet and shall not be subject to the setback requirements set forth on Paragraph 5.4 C. above; however, in no instance shall a structure encroach into a required landscape buffer, other than those structures permitted to be located within a landscape buffer in accordance with LDC provision in effect at the time or permitting. H. Off - Street Parking and Loading Requirements: As required by Section 4.05.00 of the LDC in effect at the time of SDP approval. 5 -7 17E I. Architectural and Site Design Standards: Commercial development within this District shall conform with the guidelines and standards of Section 5.05.08 of the LDC or variance. Gray, primary and/or secondary colors shall be permitted as a predominant exterior roof colors. This is a deviation from Subsection 5.05.08C. I 3.b of the LDC. 5 -8 SECTION VI PRESERVE 6.1 PURPOSE 17E The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "P ", Preserve. 6.2 GENERAL DESCRIPTION Areas designated as "P ", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the South Florida Water Management District, United States of America Corps of Engineers and other agencies; however, the acreage shall be generally consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 6.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Upland preserves 2. Wetland preserves B. Permitted Accessory Uses and Structures 1. Boardwalks, nature trails, shelters, viewing piers, viewing platforms, educational signs, kiosks, elevated golf cart paths, golf course rough areas, and docks or platforms for launching and mooring or storage of non - motorized vessels utilizing movable storage racks. 2. Water management structures in accordance with Collier County, SFWMD, DEP, and USACOE permitting requirements. 6.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Accessory Structures 1. From MPUD or external development tract boundary: Fifteen Feet (15') 2. From internal tract boundary: Ten Feet (10') 6 -1 17E 3. From lake: Zero Feet (0') 4. Maximum Height of Structures: Twenty -five Feet (25'), except for viewing platforms that may be forty feet (40') 6 -2 SECTION VII PUBLIC FACILITY 7.1 PURPOSE 17E The purpose of this Section is to identify permitted uses and development standards for the area within the Sabal Bay MPUD designated on the Master Plan as "PF ", Public Facility. The PF district land is set aside for Collier County School Board to build an elementary or middle school and one acre is set aside for fire, rescue and an EMS site. Should the School Board or Fire District decide that it will not need this land, or a portion of it, then this area may be used for any uses permitted within the R/G Subdistrict, subject to all development standards set forth in R/G Subdistrict. 7.2 GENERAL DESCRIPTION Areas designated as "PF ", on the Master Plan are designed to accommodate an educational facility, and public safety services and facilities. The approximate acreage of the areas designated as "PF ", are indicated on the MPUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of SDP or subdivision plat approvals in accordance with Sections 10.02.03 and 10.02.04 of the LDC. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Educational facilities, limited to public elementary or middle school. 2. Educational plant, limited to public elementary or middle school. 3. Safety service facilities, limited to fire stations and EMS facilities. B. Accessory Uses Accessory uses customarily associated with the principal permitted uses. 7.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty -five feet (25') 2. Side Yard: Fifty feet (50'). 3. Rear Yard: Fifty feet (50'). 7 -1 17E C. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures — Thirty -five feet (35') 2. Minimum distance between principal structures - Ten feet (10'), or half the sum of building heights. 3. Minimum distance between accessory structures - Ten feet (10'). 4. Minimum off - street parking: Subject to Chapter 4.05.00 of the LDC. 7 -2 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE 17E The purpose of this Section is to set forth the development commitments for the Sabal Bay MPUD. 8.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A ", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004 -66 shall apply to this project, even if the land within the MPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document The developer, its successors or assignee, shall follow the Master Plan and the regulations of the MPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer is bound by the commitments within this Document. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 8.3 MPUD MASTER DEVELOPMENT PLAN A. Exhibit "A ", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as subdivision plat or SDP application. Subject to the provisions of Subsection 10.02.13(E) of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Sabal Bay MPUD Master Plan upon written request of the developer, subject to the provisions set forth in LDC Subsection 10.02.13E. s -1 17E 8.4 ENGINEERING A. Except as noted and authorized as a deviation in this PUD Document, all project development will be consistent with provisions of Sections 10.02.04 and 10.02.03 of the LDC. 8.5 UTILITIES A. All County or City water distribution and sewage collection and transmission facilities to serve the project shall be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -51, as amended, and other applicable County or City rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County or the City of Naples, as the case may be, and shall be billed by the County or City in accordance with the County's or City's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Public Works Division, or from the City of Naples Utilities Department, whichever is applicable, in accordance with applicable franchise services boundaries. D. The developer shall reserve three requested easements, and associated utility and access easements to connect with a public right -of -way. These sites shall be used for wells (not to exceed 100' by 100' for each site) with a minimum spacing of 500 feet between wells. This conveyance shall occur at the time the SDP, or final subdivision approval for the area within the development phase that contains the easement. E. The developer shall provide a 10 foot wide utility easement on the development property along both sides of Bayshore Drive, if determined to be needed by Collier County. 8.6 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. B. The developer shall design the water management facilities in accordance with County ordinances, State, and Federal minimum design regulations in effect at the time of submittal of SDPs, or construction plans or plat approvals as the case may be. An analysis of predevelopment pollutant loading and post development 8 -2 17E pollutant loading in general accordance with the Harvey Harper methodology shall be completed and submitted prior to the issuance of final site development plans or construction plan approvals. C. An excavation permit shall be required for the proposed lakes in accordance with Sibsection 22- 122(c) of Ordinance 04 -55 of Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. D. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the approved plans is granted. E. This developer shall obtain an Environmental Resource Permit or Early Work Permit from the South Florida Water Management District prior to SDP approval. F. The developer shall adhere to the conditions set forth in the September 23, 2003 Contribution Agreement by and between Collier Development Corporation and Collier County regarding the Lely Area Surface Water Drainage Improvements in order to further the Lely Area Stormwater Improvement Project (LASIP). 8.7 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the jurisdictional wetland boundary in all places and averaging twenty -five (25) feet from the edge of the jurisdictional wetland boundary. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules. B. A preserve area management plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval, identifying methods to address treatment of invasive exotic species, fire management, and maintenance. C. All conservation areas shall be placed under conservation easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. D. This PUD shall comply with the guidelines of the USFWS and FFWCC, and as applicable, Collier County regulations, for impacts to protected species. With respect to the Bald Eagle Management Plan, restrictions within bald eagle nest protection zones shall be in accordance with the USFWS South Florida Multi - Species Recovery Plan, May 1999 and Habitat Management Guidelines for the 8 -3 17E Bald Eagle in the Southeast Region, USFWS 1987, except to the degree that the site specific bald eagle management plan provides for allowance or restrictions that vary from the USFWS South Florida Multi - Species Recovery Plan, May 1999 and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS 1987. Upon receipt of technical assistance from the U.S. Fish & Wildlife Service ( USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC), all proposed improvements may be required to be removed from the Bald Eagle Primary Nest Protection Zone. A Habitat Management Plan for listed species shall be submitted to Environmental Services Staff for review and approval prior to SDP approval. E. This Bald Eagle Management Plan shall be updated to depict the location of new eagles nests, or to remove the location of nests that have been abandoned in the following manner: 1) If the nest is abandoned in accordance with US fish and Wildlife Regulations, the Bald Eagle Management Plan may be administratively updated to eliminate the abandoned nest. 2) If the eagles relocate to a tree that is not located on the subject property and the primary and secondary protection zones of the tree are located entirely outside of any area of the PUD proposed for any type of development; then the bald eagle management plan shall be administratively updated to reflect any of the following: new nest location; new primary zone location; new secondary zone location. If the eagles relocate to a tree and the primary or secondary protection zones of the tree are located on any area of the PUD proposed for any type of development; then the bald eagle management plan shall be amended and shall require a PUD amendment including public hearing before the Environmental Advisory Council (EAC), Collier County Planning Commission (CCPQ and Board of County Commissioners (BCC). F. Approximately 60 acres of the project site are identified as an old agricultural operation. Soil sampling within this former agricultural area shall be required at the time development is proposed within these areas. Sampling shall provide soil analysis for herbicides, pesticides and heavy metals. Measures needed to clean up the site shall be addressed prior to site plan/construction plan approval. G. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final SDP /construction plan submittal, and shall be in accordance with the requirements of LDC. The success of the establishment of gopher tortoises within proposed gopher tortoise preserves shall be studied by an independent (non - governmental) party to document the success of the relocation effort. A copy of the report detailing the study and the results shall be provided to Environmental Services Department Staff. 84 17E H. In accordance with requests from Rookery Bay National Estuarine Research Reserve (RBNERR) and the Conservancy of Southwest Florida (Conservancy) the Developer agrees to the following: 1. The developer shall establish a surface water hydrology monitoring program, which will include annual reports of said monitoring to be shared with RBNERR. 2. The developer shall include a provision in the conservation easement requiring notification to RBNERR and the Conservancy in advance of any changes to the conditions of, and or dedication language set forth in the project's conservation easement. The RBNERR and the Conservancy will be allowed to participate in the discussions of any proposed changes. 3. The developer shall allow the Conservancy to review and comment on the draft master declaration document pertaining to any provisions that will address language to protect and sustain the environmental integrity of the development's preserves. 4. In order to minimize environmental impacts to water quality within RBNERR, the developer shall do the following: conducting pre - development water quality testing by an independent laboratory; testing of sediments at the furthest downstream stormwater outfalls for pollutant loading prior to soil disturbance for construction of these outfall locations to assess existing sediment quality; utilizing water management Best Management Practices (BMP'sJ during construction to minimize adverse impacts on water quality during development; conducting post development water quality monitoring and reporting as set forth in Paragraph 8.7.H.1. above; and, increasing public awareness by educating residents and the homeowners' association, through signage and take - home information, of the potential damage from stormwater pollution on the environment and the importance of protecting aquatic and terrestrial resources within and nearby the RBNERR. Further, the developer shall erect signage at various locations along the RBNERR boundary, making residents and guests aware of the location and natural resource importance of the estuarine ecosystem and its management. The developer shall include water management Best Management Practices (BMPs) from the proposed Southwest Florida Basin BMP Matrix rule, with the selection of BMPs based on minimum of two (2) from Group A, two (2) from Group B, and one (1) from Group C, as part of the SFWMD ERP. 5. The developer shall disclose in the homeowner association documents that the following activities may occur on the adjacent RBNERR lands: exotic plant removal and ongoing maintenance; utilization of prescribed burns as a means of habitat management; controlling illegal dumping; management of access within RBNERR lands, controlling and trapping when necessary, feral, nuisance and domestic animals. s -5 17E 6. The two archeological sites determined to be of prehistoric cultural significance (8cr535 and 8cr 227) shall be preserved and the developer shall coordinate with the Florida Division of Historic Resources to minimize any disturbance to these sites during development and as a result of exotic vegetation removal. 8.8 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 be consistent with the 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) for the units /square footage that will directly utilize the access. C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent SDP or final plat submissions. All such accesses shall be consistent with the Collier County Access Management Policy (Res. 01 -247), as it may be amended from time to time, and with the Collier County Long -range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. D. Site - related improvements (as apposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. Site related improvements shall be in place by phase, and available for access, prior to the issuance of the first CO for that phase. E. Road impact fees shall be paid in accordance with Ordinance 01 -13, as amended, and section Chapter 6.02 and Section 10.02.07 of the LDC, as it may be amended. F. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01 -247), as it may be amended, 8 -6 17E and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights - of -way or easements, compensating right -of -way, shall be provided without cost to Collier County as a consequence of such improvement. K. 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. L. The development shall abide by Section 6.02.00 of the LDC in regards to Transportation Demand Management (TDM) strategies required for a project that is located within and affects a Transportation Concurrency Exemption Area (TCEA). 8.9 ADDITIONAL COMMITMENTS A. The developer shall provide a minimum of one playground, for use by residents and their guests, meeting ASTM design guidelines. B. The developer shall install a pathway along the lake where the lake fronts Thomasson Drive and shall provide a minimum of three benches for public use this portion of lake - frontage. 8.10 AFFORDABLE/WORKFORCE HOUSING COMMITMENTS A. The developer, or its successors or assigns, shall pay the sum of $1,000.00 8 -7 17E to the Collier County Affordable Housing Trust Fund for each residential unit not located within Tracts RG8, C /01 and C /02. The payment shall be made within seven (7) days on the closing of the residential unit. B. The developer or its successors or assigns shall pay the sum of fifty cents ($0.50) for each square foot of retail development constructed on the property, excluding Tracts C /01 and C /02, to the Collier County Affordable Housing Trust Fund within seven (7) days of the improvement receiving a CO. C. The payment of the sums set forth in the Section shall satisfy any obligations of the project to pay linkage fee, or similar types of fees should an ordinance establishing such fees be adopted by the Board of County Commissioners in the future. s -s 7E 0641 z ;!!S! _...a.saea'na mknkaee pw,wai'rwtiswiwa`w.�awi 1�It/'id t19.LSdW QI]dW W 7P S "W T1 1 1 T MJ flNIZ'IfISAI0.7 auu wwo '�A= 61I�.A 4m..r an'rroo-ro all dPV AYff 7VGVE 7NI S9LLINnWWO� ISM . M A „V„ III3IHX9 �� a g rig :�� "•4 1 F F i ,4 aF' , ,ia ® - aaa,o N" N(1651]SMY IV ML I $�+$s 's6 s a i Sii a;iii, iyii, i : ii,t ail . �'$;iFb�ttt�Plil�?1,9it 3sti�tE ?f � i' t� cc IX s a�, I �•� u� �3 0 � �3 u f, a o�c pp cc r ® +tom II E ;i YYYYY� g yp�.4 �` y •8o8r ��' ... ........ .r b cc T � I— III i a r ® +tom II E ;i 0 2� a' a a a a i 5� E 7E YYYYY� g �` y •8o8r ��' p 2 „ I 0 2� a' a a a a i 5� E 7E 911NI qw T♦ A %"W Mulll= oxisznskoo 'V1YYC1 ands A Ys 7d9Ys Ol[tY p! 31Y11}Ibn MWOIf n ]lvl6 1 Nd7d j vaw3oVNVN1 a3.LYAi 7YaW33N0.7 ° ra s ri;a» 17 E 'DM S�L 1 LlNf] OD /JAI Dom. la'rcaeoa r aurv3 cwr000 -e3 oa nr,,l�uxn ccxrw rcroov io 3ms xn rsa u�t _ 9 i F • "�� K s— - ,L _:!I _•I SABAL BAY BALD EAGLE MANAGEMENT PLAN FOR NESTS CO -009, CO -009A, CO -024A, AND CO -028 December 2004 Revised May 2005 Prepared For: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 (239) 947 -2600 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274 -0067 17E Project No. 04WC11042 17E TABLE OF CONTENTS Page Introduction........................................................ ............................... 1 ......... ............................... Bald Eagle Habitat and Reproduction ................... ............................... .........1 . ............................... Bald Eagle Status .................................. ............................... .......................... ..............................4 History of Management Guidelines Application .......................... ...........5 ...... ............................... Nest Locations and Site Conditions ........................ ............................... Nesting History and Observations .......:..................... 6 . ......................... ............................... Bald Eagle Management Plan .......... ............................... References................................... ............................... ............... ........14 ........... ............................... i LIST OF FIGURES 17E Page Figure 1. Project Location Map ...........:.................................................. ..............................2 Figure 2. FLUCFCS and Wetlands Map with Bald Eagle Nest Locations ...................................... ..............................3 ii LIST OF EXHIBITS 17E Page Exhibit A. Aerial Photograph with Bald Eagle Nest Locations .......................................... A -1 Exhibit B. Site Plan with Protection Zones for Bald Eagle Nests ........ ............................... B -1 iii 17E INTRODUCTION This Bald Eagle Management Plan (BEMP) has been prepared for bald eagle (Haliaeetus leucocephalus) nests located on and within 1,500 feet of the 2,331.05± acre Sabal Bay property (Project) located in Sections 23, 24, 25, 26, and 36, Township 50 South, Range 25 East; and Section 19, Township 50 South, Range 26 East, Collier County (Figure 1). This BEMP covers a total of four bald eagle nest sites including CO -009, alternate nest CO -009 (CO- 009A), alternate nest CO -024 (CO- 024A), and nest CO -028 (Figure 2). The Sabal Bay BEMP has been prepared to comply with U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Guidelines). The bald eagle is listed as threatened by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS). The Project is a proposed master planned community that will include a school site,. single- and multi - family residences, a golf course, a clubhouse with recreational amenities, and neighborhood commercial. The Project includes a portion of the previously permitted Lely Area Stormwater Improvement Project including the Lely Main Canal that runs northeast to southwest through the Project. The Project'surrounding land uses are a mixture of residential developments, undeveloped land, agricultural, disturbed land, preserve, and commercial developments. On the western boundary the project abuts undeveloped lands in the southeastern most city limits of the City of Naples. Abutting the site immediately to the north is the Naples Botanical Garden, Hamilton Harbor Marina, East Naples Community Park, commercial development, Thomasson Drive, and Tamiami Trail East (U.S. 41). To the south is Rookery Bay Wildlife Sanctuary. To the east are undeveloped and agricultural lands that are part of the Wentworth PUD. BALD EAGLE HABITAT AND REPRODUCTION The following information on the biology of the bald eagle is excerpted from the South Florida Multi - Species Recovery Plan (USFWS 1999). Bald eagles are considered a water - dependant species typically found near estuaries, large lakes, reservoirs, major rivers, and some seacoast habitats (Robards and King 1966, King et al. 1972, Weekes 1974, Whitfield et al. 1974, Gerrard et al. 1975, Grier 1977, Anthony and Isaacs 1989, Wood et al. 1989). Their distribution is influenced by the availability of suitable nest and perch sites near large, open waterbodies, typically with high amounts of water -to -land edge. Bald eagles demonstrate a remarkable ability to tolerate perturbations to their habitat, throughout their range. Their adaptability to a variety of habitat conditions makes generalizations about habitat requirements and nesting behavior difficult. Though variable,'eagles have basic habitat requirements that must be met in order to successfully reproduce and survive during the winter or non - nesting season. Florida bald eagle nests are often located in the ecotone between forest and marsh or water, and are constructed in dominant or co- dominant living pines (Pinus spp.) or bald cypress (Taxodium distichum) (McEwan and Hirth 1979). Approximately ten percent of eagle nests are located in dead -777� A !RPPR7 W 111. I A, v K-n SCALE: I' - 600' EAGLE NEST REVSED FLUCFCS CODE REVISED LEGEND Iran lafiy a �I w t I Q� 5/10/04 CHEMED BY 0! 1/20/05 K.C.P. DRAWN BY DI P.F.,W.C. 8/10 COMMERCIAL AND SERVICES UNDER CONSTRUCTION El PINE FLATWOODS, DISTURBED (0 -24% EXOTICS) E2 PINE FLATWOODS, DISTURBED (25.49% EXOTICS) E3 PINE FLATWOODS, DISTURBED 150-76% EXOTICS) E4 PINE FLATWOODS, DISTURBED (76-100% EXOTICS) E3 MIXED PINE FLATWOODS, DISTURBED (15D.75% EXOTICS) E1 SCRUBBY PINE FLATWOODS, DISTURBED (0.24% EXOTICS) E2 SCRUBBY PINE FLATWOODS, DISTURBED (26 -49% EXOTICS) E3 SCRUBBY PINE FLATWOODS, DISTURBED (50-75% EXOTICS) XERIC OAK El XERIC OAK, DISTURBED (0 -24 % EXOTICS) E2 XERIC OAK, DISTURBED (25.49% EXOTICS) BRAZILIAN PEPPER BRAZILIAN PEPPER, HYDRIC MELALEUCA MELALEUCA, HYDRIC LIVE OAK I EI LIVE OAK, DISTURBED (0.24% EXOTICS) i E2 LIVE OAK, DISTURBED (25.49 % EXOTICS) I E1 CABBAGE PALM, HYDRIC (0.24% EXOTICS) i E1 WAX- MYRTLEIWILLOW, HYDRIC (0.24% EXOTICS) IE2 WAX- MYRTLEIWILLOW, HYDRIC (25-49 %EXOTICS) BE1 HARDWOOD ICONIFER MIXED, DISTURBED (0.24 %EXOTICS) 9 E3 HARDWOOD /CONIFER MIXED, DISTURBED (50.75% EXOTICS) 9E4 HARDWOODICONIFER MIXED, DISTURBED (76.100 %EXOTICS) 1 AUSTRALIAN PINE, HYDRIC TIDAL CREEK ( DRAINAGE CANAL STORMWATER MANAGEMENT POND BAYS AND ESTUARIES INLAND TIDAL PONDS MANGROVE SWAMPS )9 E1 MANGROVE SWAMPS, DISTURBED (0.24% EXOTICS) 9E1 MIXED WETLAND HARDWOODS, DISTURBED (0.24 %EXOTICS) 9 E2 MIXED WETLAND HARDWOODS, DISTURBED (25 -49% EXOTICS) �9 E1 WILLOW, DISTURBED (0 -24% EXOTICS) E2 WILLOW, DISTURBED (2549% EXOTICS) 15 E4 CYPRESS, DRAINED (76.100% EXOTICS) 9 El CYPRESS, DISTURBED (0.24 %EXOTICS) 19 E2 CYPRESS, DISTURBED (26 -49% EXOTICS) 19 E4 CYPRESS, DISTURBED (76.100% EXOTICS) 5123 CYPRESSIPINEICABBAGE PALM, DRAINED (50.75% EXOTICS) 5 E4 CYPRESSIPINE /CABBAGE PALM, DRAINED (76.100% EXOTICS) 9 El CYPRESS /PINEICABBAGE PALM, DISTURBED (0-24% EXOTICS) 9 E2 CYPRESSIPINE /CABBAGE PALM, DISTURBED (2519% EXOTICS) 9 E3 CYPRESSIPINE /CABBAGE PALM, DISTURBED (50 -75% EXOTICS) 9 E4 CYPRESSIPINE /CABBAGE PALM, DISTURBED (76 -100% EXOTICS) -5 E3 PINE, DRAINED (50.75% EXOTICS) Q„.9 El PINE, HYDRIC, DISTURBED (0.24% EXOTICS) f p8 E2 PINE, HYDRIC, DISTURBED (2549% EXOTICS) 69 E3 PINE, HYDRIC, DISTURBED (50.75% EXOTICS) 59 E4 PINE, HYDRIC, DISTURBED (76 -100% EXOTICS) •�9 El MIXED WETLAND FOREST, DISTURBED (0-24% EXOTICS) E2 MIXED WETLAND FOREST, DISTURBED (25.49% EXOTICS) 9 E3 MIXED WETLAND FOREST, DISTURBED (50 -75% EXOTICS) B E4 MIXED WETLAND FOREST, DISTURBED (76- 100 % EXOTICS) ' B E1 WETLAND SHRUB, DISTURBED (0.24% EXOTICS) 9 E2 WETLAND SHRUB, DISTURBED (25 -49% EXOTICS) 9 E3 WETLAND SHRUB, DISTURBED (50-75% EXOTICS) FRESHWATER MARSH J9 E1 FRESHWATER MARSH, DISTURBED (0-24% EXOTICS) AS E2 FRESHWATER MARSH, DISTURBED (25-49% EXOTICS) 1F, SALTWATER MARSHES '29 E1 SALTWATER MARSHES, DISTURBED (0.24 %EXOTICS) 009 E1 WET PRAIRIES, DISTURBED (0.24% EXOTICS) ,139 E2 WET PRAIRIES, DISTURBED (25 -49% EXOTICS) SALTERN. DISTURBED DISTURBED LAND SPOIL AREAS BERM SPECIES LOCATION MAP % OF 72.72 Ac.t 3.0% 101.62 Ac.t 4.2% 7321 Ac.t 3.0% 156.86 Ac.t 6.5% 33.00 Ac.t 1.4% 4.47 Ac.t 02% 82.21 Ac.t 3.4% 3.47 Ac.t 0.1% 8.48 Ac.t 0.4% 25.13 Ac.t 1.0% 33.24 Ac.t 1.4% 0.69 Ac.t 0.0% 13.85 Ac.t 0.6% 4.14 Ac.t 02% 1.16 Ac.t 0.0% 50.60 Ac.t 2.1% 5.25 Ac.t 02% 1.26 Ac.t 0.1% 0.16 Ac.t 0.0% 12.70 Ac. *_ 0.5% 45.85 Ac.t 1.9% 1.55 Ac.t 0.1% 10.81 Ac.t 0.4% 5.67 Ac.t 0.2% 1.43 Ac.t 0.1% 1.98 Ac.t 0.1% 16.64 Ac.t 0.7% 13.19 Ac.t 0.6% 12.31 Ac.t 0.5% 3.16 Ac.t 0.1% 19.20 Ac.t 0.8% 623.68 Ac.t 25.8% 32.50 Ac.t 1.3% 2.60 Ac.t 0.1% 9.79 Ac.t 0.4% 0172 Ac.t 0.0% 1.45 Ac.t 0.1% 61.27 Ac.t 2.1% 42.32 Ac.t 1.8% 13.00 Ac.t 0.5% 12.43 Ac.t 0.5% 5.04 Ac.t 02% 86.91 Ac.t 3.6% 4.00 Ac.t 02% 20.80 Ac.t 0.9% 3.31 Ac.t 0.1% 199.96 Ac.t B.3% 14.50 Ac.t 0.6% 4.30 Ac.t 02% 17.84 Ac.t 0.7% 82.89 Ac.t 3.4% 57.00 Ac.t 2.4% 15.77 Ac.t 0.7% 0.63 Ac.t 0.0% 27.26 Ac.t 1.1% 1.76 Ac.t 0.1% 92.99 Ac.t 3.8% 19.27 Ac. t 0.8% 3.01 Ac.t 0.1% 13.44 Ac.t 0.6% 55.04 Ac.t 2.3% 6.34 Ac.t 0.3% 3.50 Ac.t 0.1% 2.50 Ac.t 0.1% 3.58 Ac.t 0.1% 0.23Ac.t 0.D% 3.80 Ac. *_ 0.2% 48.74 Ac.t 2.0% 9.98 Ac.t 0.4% 1.27 Ac.t 0.1% 4.63 Ac.t 0.2% 2416.08 Ac.t 100.0% 04WC11042 FIGURE 2 17E pine trees, while two to three percent occur in other species such as Australian pine (Casuarina equisetifolia) and live oak (Quercus virginiana). The stature of nest trees decreases from north to south (Wood 1987, Wood et al. 1989), and in extreme Southwest Florida, eagle's nest in black (Avicennia germinans) and red mangroves (Rhizophora mangle), half of which are snags (Curnutt and Robertson 1994). Nest trees in South Florida are smaller and shorter than reported elsewhere; however, comparatively they are the largest trees available (Wood et al. 1989, Hardesty 1991). The small size of nest trees in South Florida relative to other nest sites throughout the eagle's range is due to the naturally smaller stature of Pinus elliottii, P. taeda, P. palustris, and P. clausa in South Florida, and the lack of pines (Pinus spp.) in extreme Southern Florida. Bald eagles are monogamous and annual courtship behavior reinforces pair bonds (Palmer 1988). Pair bond formation includes dramatic pursuit flights, high soaring, talon locking, and cartwheeling (Johnsgard 1990). Eagle may also fly around the perimeter of their nesting areas visually communicating their presence, further establishing their territories.. Pair bond behavior, as well as territory establishment and defense, probably occur concurrently throughout much of the eagle's range. Successful pair bond information ultimately leads to nest site selection and nest construction for newly formed pairs or established pairs without nests. Pairs that have previously nested may repair established nests or construct an alternate nest concurrent with copulation. Nesting activities generally begin in early September in South Florida, with egg laying occurring as early as late October and peaking in the latter part of December. Incubation may be initiated from as early as October through as late as March, depending upon latitude. Clutches usually consist of one or two eggs but occasionally three or four are laid. Incubation takes approximately 35 days and fledging occurs within 10 to 12 weeks of hatching. Parental care may extend four to six weeks after fledging even though young eagles are fully developed and may not remain at the nest after fledging (USFWS 1989). BALD EAGLE STATUS The bald eagle is a federally and state listed "Threatened" species that has been protected since the mid -1970s under the Endangered Species Act of 1973 (ESA) and Chapter 68A- 27.004 Florida Administrative Code. Management and recovery efforts for the species generally have included actions to improve reproductive success and survival by: 1) reducing levels of persistent organochlorine pesticides, such as DDT, occurring in the environment, and 2) habitat protection. Habitat protection measures in Florida primarily have focused on protection of nesting territories through implementation of the Habitat Management Guidelines for the Bald Eagle in the Southeast Region (USFWS 1987) (Management Guidelines). Recovery goals for the bald eagle have been achieved as a result of these and related management actions throughout the United States, and the USFWS subsequently published a proposed rule in July 1999 to remove the bald eagle in the lower 48 states from the list of Threatened or Endangered wildlife. The Bald and Golden Eagle Protection Act (BGEPA) will provide primary federal protection for bald eagles following "delisting ". The FWCC documented 88 active bald eagle nesting territories in Florida during their initial surveys of this species in 1973, and that number had increased to 391 active territories whenthe Management C! 1 i Guidelines were implemented in 1987. The recovery goal for Florida is 1,000 breeding pairs of bald eagles, and the number of active nesting territories currently being surveyed annually in Florida exceeds 1,133 territories (Nesbitt et al. 2003). Numbers of bald eagle nests that have been documented in Lee County during this same general period have increased from six nests to approximately 62 nests that were documented during the 2002 -2003 nesting season. Peterson and Robertson (1978) reported that historic numbers of breeding pairs of bald eagles in Florida were likely "in excess of 1,000 breeding pairs," and the current population may now approximate historic densities (Steve Nesbitt, FWCC, personal communications). HISTORY OF MANAGEMENT GUIDELINES APPLICATION The Management Guidelines generally have been applied through a coordinated effort of the USFWS and FWCC by recommending certain restrictions to land use and development activities within a Primary Zone (0 - 750 feet from nest tree) and Secondary Zone (750 - 1,500 feet from nest tree) around each active nest tree. The nesting territory is considered to be that area that is within 1,500 feet of the nest tree. Activities that include timber cutting, land clearing, chemical application, installation of infrastructure, and residential and commercial development generally are recommended to not occur within the Primary Zone at any time of year. The nesting season is considered to be October 1 through May 15 of each year, and the agencies generally recommend the above - mentioned activities be restricted to occur only within the Secondary Zone and only during the non - nesting season (May 16 - September 30). Nesbitt et al. (1993) evaluated the effectiveness of the Management Guidelines and concluded that bird use of nesting territories did not alter in response to construction activities where the Management Guidelines were applied. The USFWS and FWCC subsequently began modifying their recommended application of the Management Guidelines during the mid- 1990's and by 1997 had begun a standard practice of approving installation of infrastructure (i.e., land clearing, grading, road construction, construction of storm water facilities, and installation of utilities) within Secondary Zones but only during the non - nesting season. They also began approving residential and commercial construction within Secondary Zones during the nesting season at that time, but only in conjunction with a monitoring protocol to evaluate bald eagle responses to construction activities and to evaluate these modifications to their application of the Management Guidelines. Key to endorsement of exterior home construction within the Secondary Zone during the nesting season was the provision of monitoring to provide data upon which these modifications could be evaluated. Recommendations for monitoring have subsequently been formalized as Bald Eagle Monitoring Guidelines ( USFWS 2002). Millsap et al. (2002) provided further insight into the effectiveness of the Management Guidelines for protecting nesting bald eagles from development and human related disturbances. Productivity of bald eagles was compared at 60 "rural" nest sites (less than 5 percent of the land area within 1,500 meters of the nest was in intensive human use) with 60 "urban" nest sites (greater than 50 percent of the land area within 1,500 meters of the nest was in intensive human use), and it was determined that productivity was not significantly different between these nest site categories. They found that some bald eagles successfully coexist with intensive human activity and recommended it was critical to maintain suitable nesting sites (mature pine (Pinus sp.) trees) as refuges within green spaces where human activity should be prohibited during nesting periods. 5 17E NEST LOCATIONS AND SITE CONDITIONS Nest CO -009 is in the joint of a live slash pine tree located near the northwest side of the Sabal Bay property in Section 23, Township 50 South, Range 25 East (Figure 2). The nest is approximately 1,900± feet west of Holly Avenue, 3,150± feet west of Kelly Road, and 2, 450± feet southeast of Bayview Park (Exhibit A). Nest CO -009A is in the joint of a live slash pine tree located approximately 740± feet offsite in an out parcel on the west side of the project site in Section 26, Township 50 South, Range 25 East (Figure 2). Nest CO -009A is approximately 1,200± feet south of Holly Avenue and 2,850 feet southeast of bald eagle nest CO -009. Alternate nest CO -024 was located in the joint of a live cypress tree on the east side of the Sabal Bay property in Section 19, Township 50 South, Range 26 East. Following a strong cold front at the end of March 2004, the nest fell from the tree. Nest CO -024A was located approximately 1,000 feet northwest of nest site CO -024 and is believed to be the first reported alternate nest site for this previously recorded territory. CO -024A was located approximately 2,100± feet southwest of Tamiami Trail East (U.S. 41). Directly south of the nest, approximately 1,600± feet, is undeveloped and agricultural lands that are part of the Wentworth PUD. Nest CO -028 is located in the joint of a large slash pine tree near the southern property boundary in Section 36, Township 50 South, Range 25 East. The nest is surrounded by undeveloped land. NESTING HISTORY AND OBSERVATIONS Nesting history and direct nesting observations for CO -009, CO -009A, CO -024, and CO -024A were obtained from FWCC and Kevin L. Erwin Consulting Ecologists, Inc. ( KLECE). Passarella and Associates, Inc. (PAI) conducted nesting observations of CO -009, CO -009A, and CO -024 for a period of three to four times per week from February 27, 2004 through March 30, 2004. According to FWCC records and KLECE observations, bald eagle nest CO -009 was last active during the 2000 -2001 season. The nest was not utilized by eagles during the 2001 -2002, 2002 -2003, or 2003 -2004 nesting seasons. KLECE documented great horned owls in nest CO -009 during the 2002 =2003 nesting season. An ecologist from PAI recorded no activity in the nest during surveys conducted three to four times per week during the month of March 2004. Nest CO -009 has not been documented as a breeding site by eagles for the last three consecutive nesting seasons. According to FWCC records nest CO -009 was inactive during the 2002 -2003 season. The FWCC stated that nest activity was undetermined for the 2003 -2004 season, due to a late flyover. Nest CO -009A is believed to be the alternate nest site for the bald eagle breeding pair that occupy territory CO -009. According to the KLECE observations, the CO -009 alternate nest was first identified during the 2002 -2003 nesting season. The nest was observed to be active during the 2002- 2003 and 2003 -2004 seasons. Field observations by PAI made from approximately 1,200± feet n southwest and 800± feet northeast of nest CO -009A, documented two adult bald eagles flying into the nesting area from the northwest, west, and southwest. The adult eagles were observed flying from the nesting area toward the northwest, west, and southwest during morning surveys. One juvenile bald eagle was observed soaring over the nest on March 16, 2004. Nest CO -009A has been undocumented by FWCC for the 2002 -2003 and 2003 -2004 nesting seasons. Nest CO -024A was located by Passarella and Associates, Inc. during a site visit conducted in March 2004. Adult bald eagles were observed flying to and from the nest toward the northwest, east/northeast, west, and south. Two adult eagles and two juvenile eagles were observed on the nest on March 17, 2004. One juvenile eagle was observed squatting in the nest, while the second juvenile was observed flying to perch 3001 feet northwest of the nest. The nest was observed to be diminishing in size on March 30, 2004, as a result of a strong cold front which moved through the area during the weekend of March 27, 2004. During subsequent site visits it was noted that the nest had fallen from the cypress tree. Nest CO -024A was located approximately 1,000 feet northwest of nest site CO -024. The FWCC has documented nest CO -024A, located in a cypress tree, to be active for the past two nesting season. Nest CO -024 was first reported by the FWCC during the spring of 2001. On May 21, 2002 photographs were taken by KLECE documenting that the CO -024 nest had fallen from the pine tree. On November 25, 2003 and February 16, 2004 KLECE confirmed that the nest had not been rebuilt. Under the USFWS draft SLOPES guidance and Habitat Management Guidelines for the Bald Eagle in the Southeast Region, nest CO -024 is considered "lost" as of the completion of the 2004 -2005 nesting season. This lost nest determination is based on two consecutive breeding seasons (2003- 2004 and 2004 -2005) of loss of nest. Nest CO -028 was located during an aerial flyover event conducted by Passarella and Associates, Inc. on March 18, 2004. No eagles were observed during the flyover event. No further observations were recorded for CO -028. The FWCC documented nest CO -028 as active during the 2002 -2003 season, but inactive during the 2003 -2004 nesting season. BALD EAGLE MANAGEMENT PLAN FOR SABAL BAY This BEMP is proposed as part of the project and is intended to facilitate construction of residential features of the project while providing sufficient measures to minimize the potential for adverse impacts to nesting bald eagles that could occur as a result of the proposed project. The project's site plan with protection zones is attached as Exhibit 2. Specific elements of the BEMP are as follows: Infrastructure (grading; clearing; filling; paving; laying foundation; guttering; installation of underground utilities, and excavation; and installation of storm water management facilities) that will be constructed within 1,500 feet of the bald eagle nests will be installed during the non - nesting season (May 16- September 30). Infrastructure installation shall begin early during the non - nesting season, and any portion of such infrastructure installation that may require completion activities to extend into the following nesting season and/or at such time W 17E the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or the fledging of the young is occurring), g g y g g), such activities shall be accomplished under the Monitoring Protocol. 2. No buildings /structures shall be constructed within 750 feet of a bald eagle nest. The project will only include surface water management areas, lakes and detention areas, within 750 feet of a bald eagle nest. Project activities (grading, clearing, excavation, and installation of storm water management facilities) that will be constructed within 750 feet of the bald eagle nests will be constructed during the non - nesting season (May 16- September 30). Any installation that may require completion activities to extend into the following nesting season and/or at such time the bald eagle nest is active (courtship, nest tending, egg laying, incubation, brooding and/or the fledging of the young is occurring), such activities shall be accomplished under the Monitoring Protocol. 3. Single - family residences shall be constructed no closer than 750 feet from a bald eagle nest. Single- family residences constructed within 1,500 feet of nest shall not exceed 35 feet in height from base flood elevation. Vertical, interior, and finish construction may occur during the non - nesting season as needed without monitoring. Vertical construction (e.g., framing, laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, pouring concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet of a nest and during the nesting season shall be accomplished under the Monitoring Protocol. Interior and finish construction that is deemed not to be heavy construction by the USFWS may continue during the nesting season within 1,500 feet without monitoring. 4. Multi- family residences shall be constructed no closer than 750 feet from a bald eagle nest. Multi- family residences constructed within 1,500 feet of nest shall not exceed 50 feet in height from base flood elevation. Vertical, interior, and finish construction may occur during the non - nesting season as needed without monitoring. Vertical construction (e.g., framing, laying foundation, siding, windows, roofing, etc.) and heavy construction (grading, pouring concrete (including driveways), painting other than by hand, etc.) occurring within 1,500 feet of a nest and during the nesting season shall be accomplished under the Monitoring Protocol. Interior and finish construction that is deemed not to be heavy construction by the USFWS may continue during the nesting season within 1,500 feet without monitoring. 5. Mid -rises shall be constructed no closer than 1,500 feet from a nest. 6. The use of any chemicals which are known to be toxic to wildlife shall be prohibited within 750 feet of a bald eagle nest, and chemicals used for purpose of controlling invasive exotic plants shall be prohibited around the base of the nest tree. 7. Outdoor lighting installed within 750 feet of a bald eagle nest shall be subdued, shielded, and directed away from the nest tree. 8. Habitat features within the project that may be utilized presently or in the future by bald eagles for nesting, foraging, roosting, and /or perching shall be protected. Should the project 0 17E require the removal or alteration of habitat features used by bald eagles within the project limits, the applicant shall request permission from USFWS. The applicant must supply proof through site plans or other means that the feature can not be protected versus removed or altered. 9 17E REFERENCES Anthony, R.G. and F.B. Isaacs. 1989. Characteristics of bald eagle nest sites in Oregon. Journal of Wildlife Management 53(1): 148 -159. Curnutt, J.L and W.B. Robertson, Jr. 1994. Bald eagle nest site characteristics in south Florida. Journal of Wildlife Management 58(2):218 -221. Gerrard, J.M., P.N. Gerrard, W.J. Maher, and D.W.A. Whitfield. 1975. Factors influencing nest site selection of bald eagles in northern Saskatchewan and Manitoba. Blue Jay 33(3): 169 -176. Grier, J.W. 1.977. Quadrat sampling of a nesting population of bald eagles. Journal of Wildlife Management 41:438 -443. Hardesty, J.L. 1991. Conservation of coastal nesting bald eagles in Florida: history, demography, and habitat use. Unpublished Masters Thesis, University of Florida; Gainesville, Florida. Johnsgard, P.A. 1990. Hawks, Eagles, and Falcons of North America. Smithsonian Institution Press; Washington, D.C. King, J., F. Robards, and C. Lensink. 1972. Census of the bald eagle breeding population in southeast Alaska. Journal of Wildlife Management 36:1292 -1295. McEwan, L.C. and D.H. Hirth. 1979. Southern bald eagle productivity and nest site selection. Journal of Wildlife Management 43:585 -594. Mill`sap, B., L. Phillips, L. McConnell, N. Douglass, S. Taylor, J. Jones, T. Breen, and T. Steffer. 2002. Comparative fecundity and survival of bald eagles fledged from suburban and rural natal areas. WCC Annual Performance Report. Nesbitt, S.A., M.J. Folk, and D.A. Wood. 1993. Effectiveness of bald eagle habitat protection guidelines in Florida. Proc. Annu. Conf. SEAFWA. Pp. 333 -338. 10 17E REFERENCES (continued) Nesbitt, S.A., J.A. Bozzo, N.J. Douglass, K. Lamonte, P.S. Kubilis, T.W. Regan, S.T. Schwikert, and J.H. White. 2003. Bald eagle population monitoring. FWCC Annual Performance Report. Palmer, R.S. 1988. Handbook of North American Birds, Volume 4. Yale University Press; New Haven, Connecticut. Peterson, D.W. and W.B. Robertson, Jr. 1978. Threatened southern bald eagle. Pages 27 -30 in: H.W. Kale 11, ed. Rare and endangered biota of Florida: volume two, birds.. University Presses Florida; Gainesville, Florida. Robards, R.C. and J. G. King. 1966. Nesting and productivity of bald eagles, southeast Alaska, 1966. U.S Fish and Wildlife Service; Juneau, Alaska. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan, U.S. Fish and Wildlife Service; Atlanta, Georgia. U.S. Fish and Wildlife Service, 1999. Multi - species recovery plan for south Florida. U.S. Fish and Wildlife Service, Vero Beach, Florida. U.S. Fish and Wildlife Service. 2002. Bald Eagle Monitoring Guidelines. Weekes, F.M. 1974. A survey of bald eagle nesting attempts in southern Ontario, 1969 -1973. Canadian Field Naturalist 88(4):415 -419. Whitfield, D.W.A., J.M. Gerrard, W.J. Maher, and D.W. Davis. 1974. Bald eagle nesting habitat, density and reproduction in central Saskatchewan and Manitoba. Canada Field Naturalist 88(4):399 -407. 11 REFERENCES (continued) Wood, P.B., T.C. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting habitat in Florida. Journal of Wildlife Management 53(2): 441 -449. Wood, P.B. 1987. Distribution, ownership status, and habitat characteristics of bald eagle nest sites in Florida. Final report Nongame Wildlife Project 85 -020, Florida Game and Fresh Water Fish Commission; Tallahassee, Florida. 12 a EXHIBIT A AERIAL WITH NEST LOCATIONS 17E 17E 1 EXHIBIT B SITE PLAN WITH PROTECTION ZONES FOR NESTS T \1 1 1 1 i W l9 Z W C uj L O T O N Q 3 � o W = O Q Z 0 Z a O m O W - K H w p Z p 0 N J n 4 Z 3 Q O f Z J J i 1 1 i Z w ° - G 1 1 ~ ~a~ Z V) C p \1 1 1 1 i STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -59 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. 17E DWIGHT E. BROCK . . Clerk of Courts arzr C1.erk.. Ex- officio to Boa' County Commissions: V 1 By: Ann Jennejohn, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS �° To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement G� n� 05 Originating Dept/ Div: Comm. Dev. Serv./Planning Person: Carolina Valera Date: dq- �A Petition No. (If none, give brief description): PUDEX- 2005 -AR -7909, Cocohatchee Bay Petitioner: (Name & Address): Richard Yovanovich, 4001 Tamiami Trail N #300, Naples, Fl. 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Lodge Abbott & Associates, LLC, 3400 E. Lafayette Street, Detroit, MI 48207 -4962 Ron Nino, AICP, Vanasse Daylor, 12730 New Brittany Blvd, Suite 600, Ft. Myers, Fla. 33907 Hearing before BCC BZA Other Requested Hearing date: �y' Zt'�® Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): lion: UDEX- 2105 -AR -7909, Lodge Abbott and Associates, LLC, represented by Richard D. Yovanovich, of Goodlette, Coleman and Johnson, PA, is requesting a 2 -year extension of the Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 135312- 649110 Reviewed by: Approved by: Depa ent Head ,�, i1'1r��` Datb County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: _-� Date of Public hearing: I Q Date Advertised: 17F RESOLUTION NO. 05 — A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 00 -88 KNOWN AS THE COCOHATCHEE BAY PUD, EXTENDING THE CURRENT PUD APPROVAL TO DECEMBER 12, 2007. WHEREAS, the Cocohatchee Bay PUD, Ordinance No. 00 -88 adopted on December 12, 2000, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the Cocohatchee Bay PUD Zoning Ordinance was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning Classification for two (2) years, until December 12, 2007, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. of the LDC. 3. Pursuant to said Section of the LDC, the current PUD approval is hereby extended to December 12, 2007; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IM Page 1 of 2 FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Mar oriCJM. Studen - Stirling Assistant County Attorney PUDEX- 2005 -AR- 7909 /C V /sp Page 2 of 2 17F 17F_ October 3, 2005 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: PUDEX- 2005 -AR -7909, Cocohatchee Bay Dear Legals: Please advertise the above referenced petition on Sunday, October 9, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk Acct. # /P.O.# 113 - 138312 - 649110 k' 11 17F NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 25, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition PUDEX -200 Associates, LLC, represented by Richard D. Coleman and Johnson, P.A., is requesting a Cocohatchee Bay PUD. The subject property, located on the northwest corner of Wiggins in Sections 8, 16, 17, and 20, Township 48 County, Florida. 5 -AR -7909, Lodge Abbott and Yovanovich, of Goodlette, 2 -year extension of the consisting of 532 acres, is Pass Road and Vanderbilt Drive, South, Range 25 East, Collier NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ginty -of Col,her CLERK OF THIS G11 Dwight E. Brock COLLIER COUNTY C 3301 TAMIAMI Tit Clerk of Courts P.O. BOX 4' NAPLES, FLORIDA October 3, 2005 Ron Nino, AICP Vanasse Daylor 12730 New Brittany Blvd, Suite 600 Ft. Myers, FL, 33907 C 101 F COURT T Clerk of Courts T Accountant Auditor Custodian of County Funds 17F Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7909, Cocohatchee Bay PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK &A)-k .c Ann Jennej Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkn ,clerk.collier.fl.us 'C . r ty-of -C61her 17F CLERK OF THIt CIRCUIT COURT COLLIER COUNTY URT OUSE Dwight E. Brock 3301 TAMIAMI TAIL EAT Clerk of Courts Clerk of Courts P.O. BOX 41+1044 Accountant NAPLES, FLORIDA130101 -3(k}4 Auditor Custodian of County Funds I October 3, 2005 Richard Yovanovich Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail N. #300 Naples, Fl 34103 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7909, Cocohatchee Bay PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 0-),W Ann Jennej o Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienffius Email: collierclerkC &clerk.collier.fl.us u4pty -Of -Cc flier CLERK OF THt C�RCU' Dwight E. Brock COLLIER COUNTY TURTf 3301 TAMIAMI T IL E) Clerk of Courts P.O. BOX 4 X044 NAPLES, FLORIDA 13g 101- October 3, 2005 Lodge Abbott & Associates, LLC 3400 E. Lafayette Street Detroit, MI 48207 -4962 COURT 17F Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -7909, Cocohatchee Bay PUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 25, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 9, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (a)clerk.collienfl.us Ann P. Jennejohn From: ClerkPostmaster Sent: Tuesday, October 04, 2005 8:03 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT2442640.txt; PUDEX- 2005 -AR -7909 Cocohatchee Bay Di, LLLJ ATT2442640,txt PUDEX- 2005 -AR -79 (229 B) 09 Cocohatchee... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Ann P. Jennejohn 17F From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 04, 2005 8:02 AM To: Ann P. Jennejohn Subject: Delivered: PUDEX- 2005 -AR -7909 Cocohatchee Bay Attachments: PUDEX- 2005 -AR -7909 Cocohatchee Bay LI PUDEX- 2005 -AR -79 09 Cocohatchee... <<PUDEX- 2005 -AR -7909 Cocohatchee Bay>> Your message To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -7909 Cocohatchee Bay Sent: Tue, 4 Oct 2005 08:03:22 -0400 was delivered to the following recipient(s): legals on Tue, 4 Oct 2005 08:02:23 -0400 1 PUDEX- 2005 -AR -7909 Cocohatchee Bay �a9" Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Tuesday, October 04, 2005 8:12 AM To: Ann P. Jennejohn Subject: RE: PUDEX- 2005 -AR -7909 Cocohatchee Bay OK - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.]ennejohn @clerk.collier.fl.us] Sent: Tuesday, October 04, 2005 8:03 AM To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -7909 Cocohatchee Bay Good Morning, Please advertise the attached on Sunday, October 9, 2005 «PUDEX- 2005- AR- 7909.doc>> «PUDEX- 2005- AR- 7909.doc>> Thank you, Ann 774 -8406 10/4/2005 Affiant further says that the said Naples Daily News is a newspaper ?F 0 i_ PUDEXN OF NAPLES DAILY NEWS F41 ,IC NEA"' Published Daily I Notice ls8onhemreby that ttte of Naples, FL 34102 Commissioners of Go - Iler County wIM a public heaAnp'on TTues- day, October 25, 20o05l , Affidavit of Publication Fhoo1! Administration Building, Collier County State of Florida 3Government a lamlTrail: Napl s, Florida. The will begin at County of Collier 900tA�TA? The Board will consider Before the undersigned the serve as the authority, personally gI► Y tY P Y Petition PUDEX•2005 -AR- 7909, Lodge Abbott appeared B. Lamb, who on oath says that they pand sent ed by R Cha d rD. serve as the Assistant Corporate Secretary of the Naples Daily, Yovanovich of Good - a daily newspaper published at Naples, in Collier County, lette, Coltman and re- Johnson, P:A., Is re- Florida; distributed in Collier and Lee counties of Florida; that uesting a 2-year esten- sloe of the Coeohatchee the attached copy of the advertising, being a Bay PUD. The sublect roperty, conslstino of 532 acres, is locateq on the northwest corner of PUBLIC NOTICE Ins Pass Road'atkcl V, aerblit Drive, In Sec- tions 8,'16, 17, and 20, in the matter of Public Notice Township 48 South, Range 2S East, Collier as published in said newspaper 1 Coumy, Florlda. NOTE All Persons wish- ing to speak on any time(s) in the issue October 9th, 2005 taer ®wrath the County Ad- Affiant further says that the said Naples Daily News is a newspaper be limited to S minutes on any Item. The selec- tion of an Indiviflual to published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of speak on of An organization or or or coup IS encouraged. I reCog- nized by the Chair,, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Persons wishing to have written or Qraphie materials IneluQto In the Board agenda pack - ets must submit said ./ ( Signa ure of affiant) material a minimum of 3 weeks prior to the re- spective public hearing. t atty case, wreMden ma consri considered by the tBoarrdd shall be submitted to Sworn to and subscribed before me This October 9th, 2005 Y__4 -) Ac-, & 4 u' ( lgnature of notary public) Hu ii <;tt 3usi��ny �I:i`N]w11�;vti #t +)i)234409 tXP1Rt.� 7ji 200 tions before the Board will become a perma- nent part of the record. Any person who decid- es to appeal a decision of the Board will need a record o the proceed• Ings pertalning thereto I t ereforeI may need to ensure that a verbatim record of the tp�V� edtngs Is made, 4e tat timany landuevls alt k, which the 40 OF C CU 4 NERS0UNTY 9?LpLLIER COUNTY, FLED COYLE, CHAIRMAN D IGHT E. BROCK, CLERK By Ann lenlohn, Dep- u(kv Clerk Oct.9 No. 1241276 ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP '% TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Sandra Lea, Executive Secretary CDES (Initial) �r.1lG 2. November 15, 2005 Agenda Item Number 17F 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 1 5. Sue Filson, Exe tive Manager Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION S (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Carolina Valera, Principal Planner Phone Number 659 -5729 Contact a ro riate. (Initial) A licable) Agenda Date Item was November 15, 2005 Agenda Item Number 17F Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. - 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ' Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11 /15/05 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's`i" Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17F. MEMORANDUM Date: November 17, 2005 To: Carolina Valera, CDES Principal Planner From: Michelle Morales, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -397 Enclosed please find one copy of the document, as referenced above, (Agenda Item #17F), approved by the Board of County Commissioners on November 15, 2005. If you should have any questions, please call 732 -2646. ext.7240 Thank you. Enclosure V1 17F. RESOLUTION NO. 05 — 397 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 00 -88 KNOWN AS THE COCOHATCHEE BAY PUD, EXTENDING THE CURRENT PUD APPROVAL TO DECEMBER 12, 2007. WHEREAS, the Cocohatchee Bay PUD, Ordinance No. 00 -88 adopted on December 12, 2000, is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the Cocohatchee Bay PUD Zoning Ordinance was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning Classification for two (2) years, until December 12, 2007, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 10.02.13.D. of the LDC. 3. Pursuant to said Section of the LDC, the current PUD approval is hereby extended to December 12, 2007; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ATTEST: DWIGHT E. BROCK, Clerk It IYiD� � f1�i Clerk arm C~ti �a r F 4 a... -:.3•� �a,l�tl�Rwls,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W FRED W. COYLE, CHA AN Page 1 of 2 Approved as to form and legal sufficiency: Marjori M. Studen - Stirling Assistant County Attorney PUDEX- 2005- AR- 7909/C V /sp Page 2 of 2 COIddBR C[i'tW f FLORIDA M QUIS' FOR LEGAL ADVINal lG OF PUBLIC H L4MGS To: Cleat to the Hoard: please place the toRowisB ao a: N Normal legal Advertisement (Display Adv., location, etc.) 7G r�o...r r►r�r�rrr #r *�,e�+rr�+t* tat: s+ r* �+ t+ rri► i►,► w�tscata�twawrsrr l�i,� +�rs�r�sfrr,r�,re : :r *rrfwtr *,r * +s rrr� *fit+�►i►irs *w+�w Ord Dept! Div. Code Ea&rcameuVCDES Person: Michelle Arnold Dame: 10 -20-05 petition No (If none, give brief daa arip rm): AN ORDINANCE OF COLLIER COUNTY. FLORIDA. AWWNDiNti COLLIER COUNTY ORDINANCE NO.2001 75, AS AMENDED, THE PUBLIC VEHICLE FOR HIRE ORDINANCE TO INCREASE TO AS XIMUM ALLOWED TAXI FARES; TO ALrMR@; ADOMONAL SONAGE ON VANS; TO REQUIRE THAT EACH APPLICANT FORA CERTIFICATE TO CONDUCT A VEHICLE FOR HIRE BUSINESS MUST VIEW STAFF'S POWER POINT PRESENTATION REGARDING THIS ORDINANCE; TO AUTHORIZE ISSUANCE OF NOTICE OF VIOLATIONS THAT VApOSE IMIv"IATE FINES FOR CONTINUING VIOLATIONS; TO REQUIRE ANNUAL RENEWAL OF DRIVER'S ID; TO DELETE THE REQUIREMENT THAT COUNTY STAFF OBTAIN FBI CRIMINAL BACKGROUND CHECKS BECAUSE PRAY SUCH CHECKS CANNOT BE OBTAINED BY STAFF DIRECTLY FROM THE FBI; TO PROVIDE THAT THEN EMSTIN() LEGALLY RECOGNIZED INSANITY OF A VEIIICLE FOR HIRE OPERATOR (OR OPERATOR APPLICANT) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EX1G"lIp' M IS GRANTED BY THE PVAC; THAT CONVECTION WITHIN THE PRECEDING TEN YEARS OF ANY FELONY LI'S'TED IN CHAPTER 7114, FLORIDA STATUTES, (RELATING TO ASSAULT AND)OR BATTERY ON A HUMAN BEING) DISQUALIFIES THAT INDIVIDUAL, FROM OPERATING A VEHICLE FOR HIRE UNLESS AN $XE1VlI'TION IS GRANTED BY THE PVAC; TO INCREASE F TES; TO PROVIDE THAT THE CODE ENFORCEMENT DEPARTMENT ASSIGN PVAC RELATED ORDINANCE ENFORCEMENT CASES TU THE CODE ENFORCEMENT SPECIAL. MASTER OR CODE ENFORCEMENT BOARD; mARI rym PROVISIONS REOARDM SUB- CERTIFICATES; AMENDING PROVISIONS REGARDING VEHICLE DECALS; PROVIDING FOR INCLUSM VM THE CODE OF LAWS AND ORDINANCES; PROVIIHIJCi FOR CONFLICT AND SEVF.RABILITY; PROVLDt.NCi A DELAYED EFFECTIVE DATE Peti mer: (Name A Adtess): Now A Address of any pemoo(s) to to notified by Cf Ws Old: (If many qwe is needed, stacb sqmvft sheet) Hearing befaee XX BCC BZA Other Re gwNded Iiatsrhtg date: (BMW on edveitisa 3W "ewft 10 days belbre Roaring. Newspepar(s) m be used: (Complete only if bVortant): ® Naples Daily News Proposed Tex: (Include legal desaip m & common location. & Size: Companim p (s7 if any & proposed howing date:11115=5 14 ❑ fly Required Does Petition Fee include advertising cost? ® Yes p No If Yes, what aoc xvt t should be charged for advertising costs: 1I I- 139911- 649110 i by. Apt by Division Head Date County Manager Date List mss: proposed ordmsnce ti For bsfor+e or =A: to am and 1 bearmgs iflart6rg p�ersan eomiete ce9 ; obfai Division Head appr+nval before subalffing bo County Manager. Riots: jtlIgd docement is tsvotved, be sum #wt may meoessary *l revim, or request for sm% is submUW tv Cody ANorney b *o sabmitft to Cm" Mawqer: TU MaxatWs office w W +dbtr*mtt 000m [] County Manager agenda tile: to ❑ Requesting Dividon © Original Clerk's Office B. i)dw bearings: I g Division head to approve and submit orjo l to Clerk's Office, retakft a copy for file. ####:::#: er•, rr# t# wr### r##•#, r######f:: r�##### s##*: a# rs#r## r#:### ss# i#*# ts##### ### ## # # # # # # # # * # # # ### # #►#wff# #t FOR CL F"IS OFFI Date Ito , ` bW of Public I l � � D9. mod: 176 AN ORDINANCE OF COLLIER COUNTY, IDA, AMENDING COLLIER COUNTY ORDINANCE NO. .2001 -75, AS DED, THE PUBLIC VEHICLE FOR HIRE ORDINANCE TO INCREAS T MAXIMUM ALLOWED TAXI FARES; TO AUTHORIZE ADDITIONAL SIGNAGE ON VANS; TO REQUIRE THAT EACH APPLICANT FOR A CERTIFICATE TO CONDUCT A VEHICLE FOR HIRE BUSINESS MUST VIEW STAFF'S POWER POINT PRESENTATION REGARDING THIS ORDINANCE; TO AUTHORIZE ISSUANCE OF NOTICE OF VIOLATIONS THAT IMPOSE IMMEDIATE FINES FOR CONTINUING VIOLATIONS; TO REQUIRE ANNUAL RENEWAL OF DRIVER'S ID; TO DELETE THE REQUIREMENT THAT COUNTY STAFF OBTAIN FBI CRIMINAL BACKGROUND CHECKS BECAUSE PRESENTLY SUCH CHECKS CANNOT BE OBTAINED BY STAFF DIRECTLY FROM THE FBI; TO PROVIDE THAT THEN EXISTING LEGALLY RECOGNIZED INSANITY OF A VEHICLE FOR HIRE OPERATOR (OR OPERATOR APPLICANT) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXCEPTION 13 GRANTED BY THE PVAC; THAT CONVICTION WITHIN THE PRECEDING TEN YEARS OF ANY FELONY LISTED IN CHAPTER 784, FLORIDA STATUTES, (RELATING TO ASSAULT AND /OR BATTERY ON A HUMAN BEING) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXEMPTION IS GRANTED BY THE PVAC; TO INCREASE FINES; TO PROVIDE THAT THE CODE ENFORCEMENT DEPARTMENT ASSIGN PVAC RELATED ORDINANCE ENFORCEMENT CASES TO THE CODE ENFORCEMENT SPECIAL MASTER OR CODE ENFORCEMENT BOARD; CLARIFYING PROVISIONS REGARDING SUB - CERTIFICATES; AMENDING PROVISIONS REGARDING VEHICLE DECALS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING A DELAYED EFFECTIVE DATE lac November 2, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 2001 -75 The Public Vehicle for Hire Ordinance Dear Legals: Please advertise the above referenced notice on Friday, November 4, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 111 - 138911 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE lac Notice is hereby given that on Tuesday November 15, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -75, AS AMENDED, THE PUBLIC VEHICLE FOR HIRE ORDINANCE TO INCREASE THE MAXIMUM ALLOWED TAXI FARES; TO AUTHORIZE ADDITIONAL SIGNAGE ON VANS; TO REQUIRE THAT EACH APPLICANT FOR A CERTIFICATE TO CONDUCT A VEHICLE FOR HIRE BUSINESS MUST VIEW STAFF'S POWER POINT PRESENTATION REGARDING THIS ORDINANCE; TO AUTHORIZE ISSUANCE OF NOTICE OF VIOLATIONS THAT IMPOSE IMMEDIATE FINES FOR CONTINUING VIOLATIONS; TO REQUIRE ANNUAL RENEWAL OF DRIVER'S ID; TO DELETE THE REQUIREMENT THAT COUNTY STAFF OBTAIN FBI CRIMINAL BACKGROUND CHECKS BECAUSE PRESENTLY SUCH CHECKS CANNOT BE OBTAINED BY STAFF DIRECTLY FROM THE FBI; TO PROVIDE THAT THEN EXISTING LEGALLY RECOGNIZED INSANITY OF A VEHICLE FOR HIRE OPERATOR (OR OPERATOR APPLICANT) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXCEPTION IS GRANTED BY THE PVAC; THAT CONVICTION WITHIN THE PRECEDING TEN YEARS OF ANY FELONY LISTED IN CHAPTER 784, FLORIDA STATUTES, (RELATING TO ASSAULT AND /OR BATTERY ON A HUMAN BEING) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXCEPTION IS GRANTED BY THE PVAC; TO INCREASE FINES; TO PROVIDE THAT THE CODE ENFORCEMENT DEPARTMENT ASSIGN PVAC RELATED ORDINANCE ENFORCEMENT CASES TO THE CODE ENFORCEMENT SPECIAL MASTER OR CODE ENFORCEMENT BOARD; CLARIFYING PROVISIONS REGARDING SUB - CERTIFICATES; AMENDING PROVISIONS REGARDING VEHICLE DECALS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING A DELAYED EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks 17G prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn To: legals @naplesnews.com Attachments: Amends Ord .2001 -75 PVAC- fares.doc; Amends ORD.2001- 75.PVAC- fares.doc Good Afternoon, Please advertise the attached on Friday, October 4, 2005. Thank you. Ann �I I Amends Ord Amends :001 -75 PVAC- fares. ).2001- 75.PVAC -fare Ann P. Jennejohn From: ClerkPostmaster Sent: Wednesday, November 02, 2005 3:35 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT284276.txt; Untitled Attachment I. ► 9 iI LLJ ATT284276.txt Untitled Attachment (229B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 1 G Ann P. Jennejohn From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, November 02, 2005 3:35 PM To: Ann P. Jennejohn Subject: Delivered: Attachments: Untitled Attachment LLJ Untitled Attachment <<>> Your message To: legals@naplesnews.com Sent: Wed, 2 Nov 2005 15:35:07 -0500 was delivered to the following recipient(s): legals on Wed, 2 Nov 2005 15:35:12 -0500 1 Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, November 02, 2005 4:07 PM To: Ann P. Jennejohn Subject: RE: OK for Sat. 5th - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Wednesday, November 02, 2005 3:35 PM To: legals @naplesnews.com Subject: Good Afternoon, Please advertise the attached on Friday, NOVeINVC 2005. Thank you. ORD.2001 -75. PVAC- fares.doc>> Ann 11/2/2005 Page 1 of 1 . 1 G <<Amends Ord .2001 -75 PVAC- fares.doc>> <<Amends 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue November 5th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and afiiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This November 7th, 2005 Signature of notary public) CONSIDER ORDINANCE Notice Is hereby glv' that 15 Tuesday y i ,. bey cI- 17G pp7M; All persons wish - in m mum regis ter With tore rior to p d p re- i t of the essrda re be addressed. Vosed Ordinance otlows, AN ORDINANCE OF COL' LIER COUNTV,FQ�£ AMENDING raniNANq aft a mnn,,, ... io the n days prior All ma- ubllc n9' resenta ions before the Board N111 become a Derma Went part of the record. Any person who decid- es to ?ar o will need a- of the BBoo proceed, recordert&I"in9 thereto I tber Wre may need'. to ensure that a verba- 6eed ya nyade ee tes- record Includes the nc tlmonytia hdthelaPPeal INC U5IUn I --D OR ICU ?' OF LAWS FORACONFLICTRAhDDSEV- ERABILITY: PROVIDING A DATE DELAYED EFFECTIVE leg of the proposed Ordinance are on file With the Clerk to the Board and are available erns parties are invited '^ to attendnd and 6i—COUNTY R 0S 00NTV,', COYLE, CHAIR-1 E BROCK, NKyneyohn Dep- No. 125581 t 'tip : k ORIGIN,AL�� OCUMENTS CHECKLIST`�t� ROUTING SLIP , I TG, t TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson pine #5). Route to Addressee(s) ist in nrnrtin order Office Initials Date 1. %4- __ __ -- 1�/J ,;�//m/.I? , Initial Il 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number /7 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION r__s- (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) i Name of Primary Staff i �1 ei% xf %c� Phone Number �a 3 L4 q l� Contact /�6 Initial Applic able) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number /7 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on I I I I S1 I enter date) and all changes made during the meeting have been incorporated-ii-the -attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17G ORDINANCE NO. 2005- 60 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -75, AS AMENDED, THE PUBLIC VEHICLE FOR HIRE ORDINANCE TO INCREASE THE MAXIMUM ALLOWED TAXI FARES; TO AUTHORIZE ADDITIONAL SIGNAGE ON VANS; TO REQUIRE THAT EACH APPLICANT FOR A CERTIFICATE TO CONDUCT A VEHICLE FOR HIRE BUSINESS MUST VIEW STAFF'S POWER POINT PRESENTATION REGARDING THIS ORDINANCE; TO AUTHORIZE ISSUANCE OF NOTICE OF VIOLATIONS THAT IMPOSE IMMEDIATE FINES FOR CONTINUING VIOLATIONS; TO REQUIRE ANNUAL RENEWAL OF DRIVER'S ID; TO DELETE THE REQUIREMENT THAT COUNTY STAFF OBTAIN FBI CRIMINAL BACKGROUND CHECKS BECAUSE PRESENTLY SUCH CHECKS CANNOT BE OBTAINED BY STAFF DIRECTLY FROM THE FBI; TO PROVIDE THAT THEN EXISTING LEGALLY RECOGNIZED INSANITY OF A VEHICLE FOR HIRE OPERATOR (OR OPERATOR APPLICANT) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXCEPTION IS GRANTED BY THE PVAC; THAT CONVICTION WITHIN THE PRECEDING TEN YEARS OF ANY FELONY LISTED IN CHAPTER 784, FLORIDA STATUTES, (RELATING TO ASSAULT AND /OR BATTERY ON A HUMAN BEING) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN EXEMPTION IS GRANTED BY THE PVAC; TO INCREASE FINES; TO PROVIDE THAT THE CODE ENFORCEMENT DEPARTMENT ASSIGN PVAC RELATED ORDINANCE ENFORCEMENT CASES TO THE CODE ENFORCEMENT SPECIAL MASTER OR CODE ENFORCEMENT BOARD; CLARIFYING PROVISIONS REGARDING SUB - CERTIFICATES; AMENDING PROVISIONS REGARDING VEHICLE DECALS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING A DELAYED EFFECTIVE DATE WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) is recommending to the Board of County Commissioners (the Public Vehicle Board) ( "Board ") that Collier County Ordinance No. 2001 -75, as amended, the Public Vehicle for Hire Ordinance, be amended to authorize increased taxi fares from $2.15 to $2.50 for the first one -tenth mile, and from 40 cents to 45 cents for each additional two- tenths mile or fraction thereof ($2.25 per mile), subject to the taxi's fare meter being recalibrated to reflect increased fares; and WHEREAS, the PVAC is recommending that vans be authorized to have specified text and/or logos painted on the front, sides, and rear area of a van provided such signage does not exceed thirty percent (30 %), including windows: of the van's front area, rear area, and side areas, each area to be calculated separately, all subject to limitations /prohibitions of then applicable statutes, rules and regulations; and WHEREAS, the PVAC is recommending that the this Ordinance's existing twenty - five dollar ($25.00) fines be increased to one hundred and five dollars ($105) for a first violation, and be further increased as specified herein for additional separate in time violations of this Ordinance by the same violator if a 2 "d, 3rd or more than a 3rd violation occurs within 365 days of the preceding violation; and WHEREAS, the PVAC is recommending that each Code Enforcement Officer who witnesses a continuing condition violation of this Ordinance be authorized to issue notices of violation(s) that impose immediate fines for those violations; and WHEREAS, the PVAC is recommending that prerequisite to the PVAC issuing a certificate, all applicants for a certificate to operate a vehicle for hire business, who has not already done so, must view staffs power point presentation regarding the County's then existing PVAC Ordinance; and Underlined text is added; struck - through tent is deleted 17G WHEREAS, the PVAC is recommending that each PVAC issued vehicle for hire driver's identification card (ID) must be renewed each calendar year and each year must affix a PVAC issued ID renewal stamp on the front of the driver's ID, and that each applicant for a driver's ID (and each annual renewal thereof) must provide to staff an affidavit that swears, if true, that the Affiant is authorized by that applicant's operator's permit, criminal record and then existing state of sanity, to be issued the original ID, or ID the renewal ID; and WHEREAS, the PVAC is recommending elimination of the current requirement in this Ordinance (to acquire FBI national criminal background checks) because County staff cannot currently obtain those checks directly from the FBI, but staff is recommending that FBI background checks be acquired by staff if, in the future, those FBI checks can in fact be acquired from the FBI directly to County staff. At its September 13, 2005 meeting, this Board directed that staff try to get assistance and cooperation from the Sheriff's Department regarding FBI checks, therefore authorization to do so has been added to this Ordinance; and WHEREAS, the PVAC is recommending that all felonies now or hereafter listed in Chapter 784, Florida Statutes, (assault and /or battery upon a human being) be added to this Ordinance's ten (10) year crimes, and that for the purposes of authorizing an individual to operate a vehicle for hire pursuant to this Ordinance, legally recognized insanity of the vehicle for hire operator (or vehicle for hire operator applicant), including any acquittal of any crime because of insanity of that individual applicant, shall disqualify the individual from operating a vehicle for hire pursuant to this Ordinance unless an exemption if granted to that individual by the PVAC; and WHEREAS, the PVAC is recommending that the PVAC no longer conduct any Ordinance enforcement hearings, but that each Ordinance violation case related to vehicles for hire be assigned by the Code Enforcement Department either to a Code Enforcement Board or to the County's Code Enforcement Special Master, as appropriate regarding the specific case; and WHEREAS, the PVAC is recommending clarifications that sub - certificates are limited to the same owners and to the geographic areas as is then authorized by the related full certificate (in SECTION SIX), and is recommending deletion of an outdated sentence (in SECTION SEVEN); and WHEREAS, the PVAC is recommending amendments regarding the authorized locations of vehicle decals on vehicle for hire vehicles; and WHEREAS, the PVAC is recommending that this Ordinance become effective on the first day of the month following staff's receipt of notice from Florida's Secretary of State that this Ordinance has been received by that office; and WHEREAS, The Supreme Court of Florida En Banc in Pratt v. City of Hollywood, 78 So.2d 697 (Fla. 1955), opined: "The [local government] owes to the public the highest degree of care and caution with reference to permits and licenses for the operation of a taxicab business on the streets of the [local government]. When a person, whether man, women or child, gets in a taxicab for transportation purposes, such person's safety is committed to the care of the taxicab driver. "The [local government] officials would be derelict in the performance of their duties if they failed to impose reasonable regulations upon the owners or operators of such taxicabs and those holding permits or licenses to operate them. "; and WHEREAS, the above - stated degree of care to try to protect passengers of vehicles for hire (a form of consumer protection) applies to taxicabs and to other vehicle for hire driver applicants hereafter authorized by the PVAC to operate a vehicle for hire pursuant to Ordinance No. 2001 -75, as amended; and 2 Underlined text is added; stfeek th eug# text is deleted 17G WHEREAS, following Pratt v. City of Florida Statutes, and the County's home all of the PVAC's recommendations. Hollywood, applying Section 125.5801, rule powers, the Board hereby approves NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Subsection 142 - 32(12) of the Collier County Code of Laws and Ordinances, (the same being part of Section One of Collier County Ordinance No. 2001 -75. as amended, is hereby further amended to read as follows: (12) The windshield, side and rear windows must be operational, and be assembled with no breakage, cracks or pits that may impair visibility or hinder the safety of passengers. No windows on any Vehicle for hire shall be composed of, or treated with, any material that would cause the vehicle to be in violation of Section 316.295, Florida Statutes, and other then applicable laws. SECTION TWO: Subsection 142 -33(j) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (j) At all times when the vehicle for hire is being operating as a vehicle for hire, the driver thereof must display his /her Collier County issued Driver's Identification card so that the I..D- is clearly visible to passengers. The text of the ID Card must by in English and must include a color photograph of the driver, the emboldened Card number assigned to that driver from the County must be in emboldened text and must include a telephone number that can be called to contact the PVAC Staff, and must include "Receipt for cash payment available upon request" and "How was your service ?" Additional details regarding the ID Card, such as its size, shape and text can be modified from time -to -time by resolution(s) adopted by the PVAC. No one except an authorized County employee shall in anyway alter any such County issued ID Card. Each driver's PVAC issued ID must be renewed every twelve (12) months (during the anniversary month of the respective ID) and a PVAC issued ID renewal stamp must be affixed to the front of the driver's ID during the month of the driver's original ID issuance. Original issuance of the ID, as well as issuance of each annual operator's ID renewal stamp shall be subject each year to staff receiving that driver's affidavit swearing under oath, if true, that the driver's Florida operator's permit authorizes operation of all types of for hire vehicles that individual is then authorized by the PVAC to operate, and that the driver has not been found guilty or convicted, regardless of adjudication within the applicable time frames of any crime listed in Section 142 -37 of this Article and that the applicant has never been found not guilty of any crime (felony or misdemeanor) because (due to) that applicant's insanity, and, finally, that the applicant is not then insane by adiudication or by certification by physician(s). Driver ID fees if any, shall be set by Board of County Commission Resolution(s). SECTION THREE: Subsection 142 -34(d) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Charter Service Vehicles. Charter service vehicles shall not hereafter be painted in any color scheme that has then been authorized by the PVAC to any Underlined text is added; str -uek through text is deleted • -- -- e NZQ ._ . ... _. ._ SECTION TWO: Subsection 142 -33(j) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (j) At all times when the vehicle for hire is being operating as a vehicle for hire, the driver thereof must display his /her Collier County issued Driver's Identification card so that the I..D- is clearly visible to passengers. The text of the ID Card must by in English and must include a color photograph of the driver, the emboldened Card number assigned to that driver from the County must be in emboldened text and must include a telephone number that can be called to contact the PVAC Staff, and must include "Receipt for cash payment available upon request" and "How was your service ?" Additional details regarding the ID Card, such as its size, shape and text can be modified from time -to -time by resolution(s) adopted by the PVAC. No one except an authorized County employee shall in anyway alter any such County issued ID Card. Each driver's PVAC issued ID must be renewed every twelve (12) months (during the anniversary month of the respective ID) and a PVAC issued ID renewal stamp must be affixed to the front of the driver's ID during the month of the driver's original ID issuance. Original issuance of the ID, as well as issuance of each annual operator's ID renewal stamp shall be subject each year to staff receiving that driver's affidavit swearing under oath, if true, that the driver's Florida operator's permit authorizes operation of all types of for hire vehicles that individual is then authorized by the PVAC to operate, and that the driver has not been found guilty or convicted, regardless of adjudication within the applicable time frames of any crime listed in Section 142 -37 of this Article and that the applicant has never been found not guilty of any crime (felony or misdemeanor) because (due to) that applicant's insanity, and, finally, that the applicant is not then insane by adiudication or by certification by physician(s). Driver ID fees if any, shall be set by Board of County Commission Resolution(s). SECTION THREE: Subsection 142 -34(d) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (d) Charter Service Vehicles. Charter service vehicles shall not hereafter be painted in any color scheme that has then been authorized by the PVAC to any Underlined text is added; str -uek through text is deleted 17G certificated or permitted taxicab(s). Sedan and limousine service type vehicles may display the certificate holder's trade name on only the front license plate of the vehicle and /or in an area not to exceed 72 square inches in total area and permanently affixed to the rear bumper or other place on the rear of the vehicle, but not on any window. No charter service vehicles shall aet place any type or form of light device on the roof or have such a light within the interior of the vehicle so as to possibly indicate that the vehicle is a taxi. Except to the extent then otherwise required by law, no signage shall be affixed to or displayed from, in or on any vehicle for hire vehicle window (other than on van windows) on only one (1) window as follows: The PVAC issued vehicle ID number and the applicable e-mail and /or web site address(es), which text (except on van windows) must be displayed horizontally, level and be proportionally spaced, and the window signage vertical dimensions (except on a van side windows) shall not exceed four (4) inches in height and shall not be stacked one over the other. Van Signage: Total signage on each van, including handicapped vehicle van, may cover up to thirty percent (30 %) of the van's frontal area, side areas, and the rear area, all including the van's respective window areas. The van's front area, rear area, and side area thirty percent (30 %) maximum shall be calculated separately. Signage on the front area of a van may include the name of the certificated individual or entity (which may be part of the van's logo), but the text on the van's front signaqe, including when part of the larger logo, shall not exceed a height of four inches (4 ") inches. Signage on the rear area of a van may include the name, logo, and /or telephone number(s) of the PVAC certificated individual's (or the PVAC certificated entity's name), and only the text (letters and /or numbers) on a van's rear area shall not exceed a height of six inches (6 "), but the logo may exceed such height. Signage on the side area(s) of a van may include the PVAC certificate holder's address, and its name (separately or as part of a logo), telephone numbers(s) and e-mail and /or website address(es). Neither the size of text nor any other signage on a side area of the van is limited by this Article except as to the maximum thirty percent (30 %) total side signage coverage area, which includes the respective side window area(s). Signage existing on a vehicle for hire van as of the effective date of this Article that does not then comply with these signage specifications is allowed a grace period of three hundred and sixty -five (365) days from that date to bring such van signage into compliance with requirements of this subsection M. SECTION FOUR: Subsection 142 -35(b) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (b) The following is the schedule of maximum rates for taxicabs operating in the County: (1) For the first one -tenth mile or fraction thereof .......... $tea 2.50 (2) For each additional two - tenths mile or fraction thereof $0.40 0.45 SECTION FIVE. Subsections 142- 37(b), (c) and (g) of the Collier County Code of Laws and Ordinances, are hereby amended to read as follows: Sec. 142 -37. Drivers: Operator's Permit Suspension or revocation; Conviction of Specified Crimes after Driver Approval from the County (b) Before each respective driver applicant operates any vehicle for hire in unincorporated Collier County pursuant to this Ordinance, each driver applicant and certificate holder (if the certificate holder is not the driver applicant) shall be responsible for ensuring that each of that certificate holder's prospective drivers verifies by having the Florida Department of Law Enforcement and the FBI provide directly to staff that individual's below- described fingerprint based criminal record checks and an affidavit properly sworn to and subscribed by the driver applicant and delivered to County staff swearing or affirming, if true, that such driver applicant is not then adjudicated as being insane, is not then certified by physician(s) as being insane, and had never been acquitted anywhere of any crime because of that individual's insanity, and has not been found guilty or 4 Underlined text is added; stfte1F thFOUgh text is deleted 17G convicted, regardless of adjudication, of any of the following three (33) year crimes (if convicted within the then past three (3) years) and /or any of the following ten 10 year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been suspended or revoked anywhere within the then past three (3) years. Each applicant must be fingerprinted and the applicant must have those fingerprints delivered to the Florida Department of Law Enforcement for a state criminal history check and, if then feasible, to the FBI for a national criminal history record check. County staff is hereby authorized to request assistance and cooperation to acquire FBI checks through the Collier County Sheriff. The information supplied to staff in response to each criminal history record check shall determine the applicant's eligibility to operate a vehicle for hire under this Ordinance. The PVAC and staff shall take into account every acquittal of any crime anytime and anywhere based upon insanity of the applicant, but shall not consider any other conviction, as "conviction" is defined in this Ordinance, that occurred more then ten 10 years before the date of the application, and shall not consider any conviction that had been set aside by post- conviction proceeding. Such post conviction proceedings information is also exempt from subsection 11 9.07(l), Florida Statutes, (Public Record's Law) disclosure. The Three year crimes are: (1) Any crime involving the sale or possession of any controlled substance. (2) The Florida RICO Act, as amended, currently Sections 895.01 through 895.06, Florida Statutes; or (3) Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense; or (4) Vehicular manslaughter; or (5) Reckless driving; or (6) Exposure of the sexual organs (Section 800.03, Florida Statutes), and /or any crime pertaining to prostitution, except subsection 796.03, Florida Statutes, Procuring person under age of eighteen (18) for prostitution, which is listed below as a ten year crime. The Ten Year Crimes are: (7) Murder, manslaughter, armed robbery; or assault with a deadly weapon or aggravated assault except when the only victim of such assault was a member of the applicant's family and the assault occurred during a family dispute; or (8) Section 784.011, relating to misdemeanor assault, provided the victim of such assault was a minor; eF (9) and /or Section 784.03, Florida Statutes, relating to misdemeanor battery, provided the victim of the battery was a minor; or (9) Each felony listed in Chapter 784, Florida Statutes, irrespective of the age of any victim of any such felony; or (10) Section 787.01, Florida Statutes, related to kidnapping a child under the age of thirteen (13) unless the child was the driver applicant's child; or (11) Section 787.02, Florida Statutes, relating to false imprisonment of a child under the age of thirteen (13) unless the child was the driver applicant's child; or (12) Section 787.025, Florida Statutes, related to luring or enticing a child into any structure, dwelling or conveyance unless the child was the driver applicant's child; or (13) Subsection 794.011(2), (3), (4), (5) or (8), Florida Statutes, relating to sexual battery; or (14) Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with certain minors; or (15) Section 796.03, Florida Statutes, related to procuring person under the age of eighteen (18) for prostitution; or (16) Section 800.04, Florida Statutes, relating to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age; or (17) Section 825.1025, Florida Statute, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; or (18) Section 827.03, relating to child abuse or aggravated child abuse; or (19) Section 827.04, Florida Statute, relating to contributing to the delinquency of a child; or (20) Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual performance; or Underlined text is added; stmek thf:eug# text is deleted 17G (21) Subsection 827.071(3), related to promoting a sexual performance by a child unless the driver applicant can prove to the PVAC that the conviction did not involve the driver applicant directing any such sexual performance; or (22) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (23) Section 847.0145, Florida Statutes, relating to transfer, attempt or assist in any transfer of custody or control of a minor for any therein specified sexual conduct. (c) Exemptions. The PVAC may grant an exemption to permit the applicant to operate a vehicle for hire pursuant to this Ordinance provided the applicant proves to the PVAC the following by clear and convincing evidence: (i) that each ten year crime conviction occurred at least five (55,) years prior to the date of the application; (ii) that the applicant had been lawfully released from all sanctions for each three (33) year crime and /or from each ten 10) year crime; (iii) the relationship of the applicant to each victim, including the age and gender of each victim; (iii) all harms the commission of the crimes caused to each victim, (vi) whether the crime involved violence or use of a weapon, (v) the applicant's history since the date of each conviction, including evidence of rehabilitation, (vi) whether the applicant is likely to present any such victimization to any vehicle for hire passenger, and (vii) the applicant's response to medical treatment, if any, related to such criminal behaviors, including any crime from which the applicant was acquitted because of that individual's insanity, and (viii), the applicant's then existing state of sanity if the applicant had ever been found not guilty or otherwise acquitted anywhere at any time of any crime (felony or misdemeanor) because of (due to) that individual's insanity, or is then judicially declared, or is then medically certified, to be insane. If an individual applying for a certificate to operate a vehicle for hire under this Article is then classified as being insane because of adjudication or by a finding of physician(s), or had ever been found not guilty (acquitted) of any crime, no exemption shall be granted by the PVAC unless a physician then certified to practice psychiatry if Florida and who is familiar with the insanity and history of that applicant, certifies to the PVAC that in his /her medical opinion said applicant is physically, emotionally and otherwise medically qualified to operate a vehicle for hire, and is also no threat to the welfare of any vehicle for hire passenger without that individual needing medication to control his /her behavior(s); and that applicant must personally testify before the PVAC with regard to his /her application for the vehicle for hire driver's insanity exemption. In each and every case listed above, the PVAC may impose restrictions upon the applicant's vehicle for hire driving activities. (g) Throughout this Ordinance, "Conviction" applies to Florida and to crimes with substantially the same elements in other jurisdictions covered by the respective criminal history record check, including military courts, and includes a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication, but in the context of this Article does include acquittal because of (due to) insanity of the applicant of any crime felony or misdemeanor) anywhere and at any time; and in the case of a juvenile, a finding of delinquency based upon elements of the offense that would constitute commission of such crime if the applicant had not been a minor. "Sanctions" include, and are not limited to, parole, probation, community control, conditional release, control release, or incarceration in any state prison, federal prison, private correctional facility, local jail or other local detention facility, including juvenile facility. SECTION SIX. Subsection 142 -51(b) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (b) Sub - certificates. If a certificated individual or entity, for any legitimate business reason(s), requests issuance of a sub - certificate from the PVAC, the PVAC may issue one or more sub - certificates requested by the applicant subject to supplying staff with written proof that the sub - certificate shall be owned only by the owner(s) of the related full certificate, and that the sub - certificated operations shall operate only from the same geographic location(s) as the operations 6 Underlined text is added; str -uek through text is deleted 17G authorized by the related full certificate The application fee and the renewal fee shall be one -half the then applicable fee for a full certificate. The applicant requesting a sub - certificate need ePAy not provide to staff any information that is required prerequisite to applying for a full certificate provided such information relevant to all the application for a sub - certificate is then on file with staff and is correct and complete. No sub - certificate shall operate as a full certificate, nor add a vehicle to a certificate or otherwise perform a function that can be accomplished by amending the applicant's full certificate. A sub - certificate can be used to add one trade name to the applicant's full certificate. Sub - certificates are a courtesy to the certificate holder whereby all decisions by the PVAC to grant or deny a sub - certificate are final. Suspension or termination of a full certificate shall automatically suspend or terminate every sub - certificate issued under the respective full certificate unless expressly decided otherwise by the PVAC for good cause in the specific case. The PVAC may from time -to -time enact resolutions to adopt rules applicable to sub - certificates provided no such rule conflicts with this article. Throughout this article, references to a "certificate" shall include each related "sub- certificate" unless that construction would lead to an absurd result. SECTION SEVEN. Subsection 142- 52(a)(6) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (6) The trade name under which the business will operate. The trade name under which the applicant intends to do business shall not be deceptively similar to the trade name of any other then current certificate holder or sub - certificate holder. Approval of the use of a trade name does not imply the use of said trade name is otherwise legally authorized. A separate certificate or sub - certificate is required for each trade name or fictitious name. No certificate or sub - certificate shall be issued to any business that has "taxi" or "cab" or "taxicab" in its name unless it will immediately be providing taxi services in the county. shall Rot apply W GGFtifiGated entiti96 that have beeR grand-fatheFed PF69F W the Each individual or entity must comply with this requirement to be eligible to be issued its PVAC certificate for 2004, 2006 or prerequisite to transfer its certificate, or permit prior to that time. Each person or entity planning to operate under a fictitious name shall attach to the application a notarized copy of the newspaper notice published in accordance with Section 865.09, Florida Statutes. SECTION EIGHT. Subsection 142 -53(b) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (b) An Applicant shall pay the required certificate fee within 30 days of the approval of the Application for a certificate pursuant to this Section. Failure to pay the required fee for the certificate shall be deemed as withdrawal of the Application and will result in the revocation of the approval of the Application for the Certificate. Prerequisite to being issued a certificate, each Applicant for a certificate, but not any pplicant only for vehicle operator certification must view staff's power point presentation regarding this Article if not previously viewed by such individual(s). SECTION NINE. Subsections 142 -55 (d) and (g) are hereby amended to read as follows: (d) Vehicle decals shall be color coded for each permitting year, February 1 to January 31. Each vehicle permit and decal shall be separately numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left iR6id9 outside bottom windshield glass corner of the # GPA rear window and the other decal at Underlined text is added; sH-uek thfaug# text is deleted 17G the bettem -4eft right outside top windshield glass corner (driver's side) of the vehicle's Fear front window, All vehicle decals except temporary decals for sub - contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals shall be made of such material that after being affixed to the vehicle cannot be removed without being destroyed. Upon the sale or transfer of a vehicle OF UPGR expeFation ef the permitted peFi , the certificate holder shall remove the vehicle decal and provide all remnants of such removed decal to county staff theFeby de6tFGY the d9Gal. The certificate holder shall be responsible for notifying the County Manager in writing within ten calendar days of any then currently valid vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be transferable only in the event of the replacement of an existing vehicle upon proof of purchase of new vehicle and discontinued vehicle for hire operation of the previously permitted vehicle. Each new vehicle must meet the requirements of this article prior to its being operated as a vehicle for hire by the certificate holder. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive prior review and approval from the PVAC. SECTION TEN. Section 142 -58, (Disciplinary Proceedings) of Collier County Code of Laws and Ordinances is hereby amended to read as follows: (a) Each complaint of a violation of this Article, , including any other County Ordinance referenced in this Article, or although not referenced in this article, is independently applicable to the respective vehicle, individual, aad�e entity, building, structure, or parcel of land, that is regulated by this Article or such other Ordinance shall be made only to the PVAG Code Enforcement Board staff employee 9F to the PVAG. The PVAG employee is authorized to refer such a complaint to the Code Enforcement Board or to the Code Enforcement Special Master. The PVAG 6taff may alleged vielator will be pFGv*ded wFitteR RGt*G9 ef vielatiGR at least 10 days befGFe the PFGG99diRg6 Will be addrer.sed by the PVAG. Procedural rules applicable to the Code Enforcement Board and /or the Code Enforcement Special Master will apply to cases referred to y the Code Enforcement Department Qeard. (b) , GGMplaiRaRt. With assistance of staff, the complaining party should attempt to specify with particularity which section(s) of this article, other applicable ordinances, and /or other applicable rules or regulations that the complaining party believes have been violated by the certificate holder and /or driver, and the essential facts in support thereof. (c) Upon submission of a written or oral complaint, or upon knowledge however obtained that raises staff reasonable suspicion that a violation has occurred or is occurring, the G9URty MaRage Code Enforcement Investigator may conduct a preliminary investigation and determine whether the facts as known warrant filing formal charges or issuance of a written notice of violation to the alleged violator. If such artier} referral is warranted, the GOURty Manage Code Enforcement Department shall refer the case to the Code Enforcement Department or Code Enforcement Special Master for enforcement. file Mail, , Underlined text is added; stFH& thraug# text is deleted 17G alleged to have b99R YOGIated; {4) (d) If the violation is a continuing condition, including condition of a vehicle and /or place of business premises that is /are curable, the notice of violation shall include the number of days after receipt of such notice that the violation(s) must be corrected (the deadline date or dates) and the deadline date (or dates) when written proof of the cure must be delivered to staff. Failure to make all such corrections as required and /or failure to notify staff within the prescribed time (deadline date) period(s) shall result in an autematis civil fine of ) one hundred and five dollars ($105) per day of such failure(s) to serFeet meet the noticed deadline date(s). Notwithstanding any other provision in this Article, A all then available Gode F=RfGFG9MeRt 139aFd fines, remedies, penalties and charges shall apply if the respective enforcement forum when the respective case is referred to and enforced by the Code Enforcement Board or the Code Enforcement Special Master. However, to the extent, if any, that there is then a conflict between the fines, remedies, penalties and /or charges specified in this Article and those other rules, the fines, remedies, penalties and /or charges specified in this Article shall control only with regard to violations of this Article, and not to any other Ordinance (including any Ordinance referred to in this Article). {5) (e) If active conduct or a continuing condition, and /or omission is a violation of this Article that must cease, or is a violation of any other County Ordinance that is applicable, any Issuing Officer who witnesses the violation(s) may issue the County's notice of violation(s) and the violator must pay the fine(s) specified in such notice of violation(s) and promptly comply with that notice. if the yiolo+iGR ic• -A nG-Rd--1G+ nr a nnndi+iOR m„c+ Gea6e , the nn46n9 oha c. enA +hn date that the 6IRlawful GGRdUGt aRGI�GF WRIawful GOnditiOR must Gease, and the !art date Failure to cease cure the conduct, continuing condition and /or omission on or before the specified deadline date and /or failure to notify staff that the conduct ceased to exist on or before the specified deadline date(s) shall be separate violations of this Article and shall result in a fine of ) one hundred and five ($105) dollars for each day of failure to meet the respective deadline due date(() of feF deliveFy of and /or failure to deliver such proof to the Code Enforcement Department's staff. (f) Applicable Fines for Specific Violations of this Article. If within three hundred and sixty -five (365) days of any violation of only this Article, the same violator commits a separate in time second violation by the same violator of the same or other provision of this Article, the fine shall be two hundred and fifty dollars ($250). If within 365 days of any second violation of this Article by the same violator, the violator commits a separate in time third (or more than a third) violation of the same or other provision of this Article, the fine shall be four hundred dollars ($400). "Separate in time" means that each such violation must be separated in time from the other preceding violation(s), whereby these escalating fine provisions do not apply to a continuing violation unless the continuing violation is cured, but occurs or recurs later in time. After hearing on any such third (or more) violation by the same violator, that violator's PVAC certificate to operate may be suspended for up to sixty (60) days by the Code Enforcement Board or by the Code Enforcement Special Master. In each case, and irrespective of the 365 day provision, a five hundred dollar ($500) fine shall apply to each violation of Section 142 -54 of this Article (minimum insurance requirements). In each case and irrespective of the 365 day provision, a five hundred dollar ($500) fine shall apply if an individual operates a vehicle in vehicle for hire service while not having a then effective PVAC certificate to operate, and said violator shall not be eligible to be issued a PVAC certificate to operate for thFee hURdred and s6AY-five4365} days following the last date of such violation. An individual who operates a vehicle in vehicle for hire service without a then effective PVAC issued driver's ID shall be fined five hundred dollars ($500) and shall not be issued a PVAC driver's ID for Underlined text is added; str-uek through text is deleted 17G 44) LgJ Every violation of this Article, or of any ordinance incorporated herein by reference, or ordinance that is then independently applicable to any vehicle, individual, of entity, building, structure, and /or land that is then regulated by any of the same this^AFtisle, may be enforced by the Code Enforcement Department pursuant to Section 1 -6 of the County's Code of Laws and Ordinances. See also Section 142 -60, below. Refer to subsection 142- 56(f), above, with regard to the superiority of listed fines, penalties, charges and /or remedies for violations of this Article, in the three hundred and sixty -five (365) successive violations context; also minimum insurance requirements, operating a vehicle for hire without a then active PVAC issued certificate to operate, or a then effective Florida vehicle for hire operator's permit, and /or then current, active PVAC issued driver's ID. SECTION ELEVEN. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional bjr ,.any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWELVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION THIRTEEN. DELAYED EFFECTIVE DATE. This Ordinance shall be effective on the first day of the month following the month that staff receives notice that this Ordinance was received by the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of N&ye- ,key, , 2005. ATTEST:.. d Dwight E.' Brock; 4ork By C Atti -s W s Approvbe as to form and legal sufficiency r, By: I U Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: W Fred W. Coyle, Chairm 12 Underlined text is added; stfue-k thFOUgh text is deleted STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005 -60 17G Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005. DWIGHT E. BROCK'�`. Clerk of Courts andClerk Ex- officio to Boc'rd': of County Commissioners By: Ann ennejohn, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Comm.Dev.Serv. /Comprehensive Planning Person: Marcia R. Kendall /` Date: 10/24/2005 Petition No. (If none, give brief description): Redesignation of the Immokalee State Designated Enterprise Zone Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Workshop date: November 15.2QQ5 Based on advertisement appeafif4ll:03 d0skefore the meeting. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See attached ❑ Legally Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: Re ed y Approved by: 10-28- o r— Department 6irector Date List Attachments: Advertising Request County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE M) ,- Date Received: Date of Public hearing: Date Advertised'. . a i i k 1 H NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 15, 2005 in the Boardroom, 3`d Floor, Administration building, Collier County Government Center, 3301 E. Tamiami Trail, Naples Florida the Board of County Commissioners will hold a public hearing to consider the Redesignation of the Immokalee State - Designated Enterprise Zone, providing reason for re- designation, and providing an effective date. The meeting will commence at 9:00 A.M. The title if the proposed resolution is as follows: RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE REDESIGNATION OF THE IMMOKALEE ENTERPRISE ZONE, PROVIDING REASONS FOR REDESIGNATION, AND PROVIDING AN EFFECTIVE DATE All interested parties are invited to appear and to be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4th floor, Administration Building, Collier County Government Center, East Naples, Florida; and at Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Department. Written comments filed with the Clerk to the Board's Office prior to November 15, 2005, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceedings, and for such purpose he may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) October 27, 2005 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn: Legals.com Advertising Requirements 17H Please publish the following Advertisement on Friday, November 4th, 2005 and furnish proof of publication to the attention of Marcia Kendall, Comprehensive Planning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement shall be placed in that portion of the newspaper where legal notices and classified advertisements appear. #�__ 17H RESOLUTION NO. i A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE REDESIGNATION OF THE IMMOKALEE ENTERPRISE ZONE, PROVIDING REASONS I FOR REDESIGNATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001- 290.016, Florida Statutes, to provide incentives by both state and local governments to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, on March 28, 1995. the Board of County Commissioners adopted Resolution Number 95 -248 nominating the Immokalee community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated a portion of the Immokalee community as an Enterprise Zone effective January 1, 1997; and WHEREAS, the Immokalee community, as part of a cooperative application with Hendry County and the Seminole Indian Tribe of Florida, was designated a Federal Rural Enterprise Community under the Empowerment Zone/Enterprise Community Initiative by the US Department of Agriculture in January, 1999; and WHEREAS, on September 14, 1999, the Board of County Commissioners adopted Resolution No. 99 -342, revising the boundaries of the Immokalee Enterprise Zone to include all of present -day Census tracts 112.04, 112.05, 113, and 114; and WHEREAS, Section 290.012, Laws of Florida, the Florida Enterprise Zone Act, requires that a resolution be passed requesting redesignation of each existing enterprise zone by the local government submitting an application for redesignation of the enterprise zone to the State and explaining the reasons and conditions for which the Enterprise Zone merits redesignation; and WHEREAS, the redesignation is necessary to continue participation in the Florida Enterprise Zone Program past the expiration date of December- 31, 2005, until December 31, 2015, and WHEREAS, the Immokalee Enterprise Zone has been a proven economic benefit to the residents of the County, and therefore merits redesignation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners finds that the redesignation is necessary to the continued participation in the Florida Enterprise Zone Program, until its current expiration on December 31, 2015. 2. The Board of County Commissioners adopts this resolution in compliance with Section 290.012, Florida Statutes, Florida Enterprise Zone Act, to nominate the Immokalee Enterprise Zone for redesignation. The nominated area is herein incorporated, by the attached map and by reference as Attachment "A ". 3. The Board of County Commissioners finds that the Immokalee Enterprise Zone merits redesignation, given that the area remains in need of economic and social revitalization herein incorporated by reference as shown by the existing conditions set forth in Attachment "B ". 4. The Board of County Commissioners finds that the Immokalee Enterprise Zone merits redesignation based on its proven economic benefit, as set forth in Attachment `B" herein incorporated by reference. 1 17H 5. The Resolution shall be effective upon adoption. This Resolution adopted after motion, second and majority vote this day of , 2005 ATTEST: DWIGHT E. BROCK ,Deputy Clerk Approved as to form and Legal sufficiency By: Marjorie Student - Stirling, Assistant County Attorney 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ME FRED W. COYLE, CHAIRMAN 17H October 28, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Redesignation of the Immokalee State Designated Enterprise Zone Dear Legals: Please advertise the above referenced notice on Friday, November 4, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk Account 111 - 138317- 649110 ` 17H NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 15, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE REDESIGNATION OF THE IMMOKALEE ENTERPRISE ZONE, PROVIDING REASONS FOR REDESIGNATION, AND PROVIDING AN EFFECTIVE DATE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSSONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: / /Heidi R. Rockhold, Deputy Clerk (SEAL) Heidi R. Rockhold 17H From: Heidi R. Rockhold Sent: Friday, October 28, 2005 12:43 PM To: 'legals @naplesnews.com' Subject: Redesignation of the Immokalee State Designated Enterprise Zone Attachments: Redesignation Immokalee Enterprise Zone.doc; Redesignation of Immokalee Enterprise Zone.doc Legals, Please advertise the above mentioned notice on Friday, November- 4, 2005. If you have any questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold(c� clerk. collier fl. us) Heidi Rockhold Redesignation Redesignation of Immokalee Enterp... Immokalee Ent... If you have any questions, please call. Thank you, Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold(c� clerk. collier fl. us) Heidi Rockhold Heidi R. Rockhold 17H From: ClerkPostmaster Sent: Friday, October 28, 2005 12:43 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT06941.txt; Redesignation of the Immokalee State Designated Enterprise Zone 3 LI ATT06941.txt (231 Redesignation of B) the Immokalee... , This is an automatically generated I. Duvet' Status Notijic ltion. Your )?1E'..SS "CIS: e has been SLIC,'t'E,ssf dly Y'ela. ed t0 theJbIlowIng recipients, but the requested delivery Statits notifications ;zngy not be g('Pt('i'GttEd by the destination. %F'rLt�,S1Cl?.71Ct com Heidi Rockhold Heidi R. Rockhold From: System Administrator [postmaster @naplesnews.com] Sent: Friday, October 28, 2005 12:43 PM To: Heidi R. Rockhold Subject: Delivered: Redesignation of the Immokalee State Designated Enterprise Zone Attachments: Redesignation of the Immokalee State Designated Enterprise Zone 17H I Redesignation of the Immokalee... <• <Reclesd nat on of the Immokalee Stale Designated Enterprise ,7( ne>> Yout- messa,;e To: le rccls`cr).ngl)lesnevvs.c om Subject: Redd- slgnation of the JfmJ okaleE.' ,.Stute DeSlignated Enterprise Zone Sent: Fri, 28 Oct 2005 12:42:30 -0400 ivas delivered to the fi)llowing recipient(s): leyals on Fri, 28 Oct 2005 12:42:38 -0400 Heidi Rockhold Redesignation of the Immokalee State Designated Enterprise Zone Page 1 of 1 17H Heidi R. Rockhold From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Friday, October 28, 2005 2:13 PM To: Heidi R. Rockhold Subject: RE: Redesignation of the Immokalee State Designated Enterprise Zone OK - - - -- Original Message---- - From: Heidi R. Rockhold [mailto: Heidi. Rockhold @clerk.collier.fl. us] Sent: Friday, October 28, 2005 12:43 PM To: legals @naplesnews.com Subject: Redesignation of the Immokalee State Designated Enterprise Zone Legals, Please advertise the above mentioned notice on Friday, November 4, 2005. «Redesignation Immokalee Enterprise Zone.doc>> «Redesignation of Immokalee Enterprise Zone. doc>> If you have anY questions, please call. Thank vou, Heidi R. Rockhold, Minutes and Records Department 239- 774 -8411 (heidi.rockhold( clerk.coilier.fl.us) 10/28/2005 0 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue November 4th, 2005 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This November 4th, 2005 ignature of notary public) is it�c:lt'3u >htmg �'(.(?A4P, ^ir li;i;ir ril`?t.4589 rXPI(�F 17H PU N H GF NOTE: -All Persona Wish- may U tem e Any Person es to appee of the Boon n an W R OF COUNTY t COUNTY, . ClYM CHAIR. BHT E. SROCX. 1 ,„ +4' Ar ORIGINAL DOCUMENTS CHECKLIST & ROUTP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE IT toff THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines #1 through #4 complete the checklist and fhmard to c„P Pita.,, n ;. m z% Route to Addressee(s) List in routing order) Office Initials Date Agenda Date Item was appropriate. Agenda Item Number L/ 2 Original document has been signed/initialed for legal sufficiency. (All documents to be 3. / L j ©Ie 7 ✓ ��) (� Number of Original 4. by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact / 1"e, e Phone Number N/A (Not Agenda Date Item was appropriate. Agenda Item Number L/ Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Attached / L j ©Ie 7 ✓ ��) (� Number of Original by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached ;J I(J INSTRUCTIONS & CHF.CKLUCsT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board w 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awaW of our deadlines! 6. The document was approved by the BCC on / 6 Inter date) and all changes N/A is not made during the meeting have been incorporate in t e attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 FW: Enterprize Zone Resolution heard by BCC on November 15, 2005 (Item 17H) - App... Page 1 of 1 ?H w, Patricia L. Morgan From: kendall_m [MarciaKendall @colliergov.net] Sent: Thursday, November 17, 2005 8:36 AM To: Minutes and Records Cc: Filson, Sue Subject: FW: Enterprize Zone Resolution heard by BCC on November 15, 2005 (Item 17H) - Approved FYI: I've just been informed by Sandra Lea that the Resolution will be delivered to Sue Filson this morning, therefore, please advise when the Comp. Planning courtesy copy requested, is available for pick up. Thank you and have a great day. : -) Marcia R. Kendall, Planner Comprehensive Planning Department Phone: 239 -403 -2387 Fax: 239 - 213 -2946 Email: marciakendall @colliergov.riet From: kendall m Sent: Thursday, November 17, 2005 7:56 AM To: Minutes and Records; LeaSandra Cc: CohenRandall; GreenwoodThomas Subject: Enterprize Zone Resolution heard by BCC on November 15, 2005 (Item 17H) - Approved In checking with Sue Filson yesterday, she informs me that she has not yet received the Resolution (referenced above) for Commissioner's signature, however, it was hand delivered to Sandra Lea /Administration last Monday morning or November 14, 2005. As soon as it is received by Ms. Filson and is signatured and forwarded to Minutes & Records, I have a special request, please. The Enterprise Zone must receive copy of the Signed/Sealed Resolution no later than November 30, 2005, therefore, Comprehensive Planning requests copy to be made available for pick up as soon as possible, so that it can be mailed to the various members, accordingly. Please advise when this has been received, signed/sealed and we will be happy to send one of our Planning Techs to pick up the document, accordingly. Thank you in advance for your assistance in helping us get this Resoluton to the Enterprise Zone members. Also, Sandra, if it will help expedite, we can assist in getting the document delivered to Sue Filson, accordingly. Please advise. Marcia R. Kendall, Planner Comprehensive Planning Department Phone: 239 -403 -2387 Fax: 239 - 213 -2946 Email: marciakendall @colliergov.net 11/17/2005 Enterprize Zone Resolution heard by BCC on November 15, 2005 (Item 17H) - Approved Page 1 of 1 I7 ��..f H Patricia L. Morgan From: kendall_m [MarciaKendall @colliergov.net] Sent: Thursday, November 17, 2005 7:56 AM To: Minutes and Records; LeaSandra Cc: Cohen, Randall; GreenwoodThomas Subject: Enterprize Zone Resolution heard by BCC on November 15, 2005 (Item 17H) - Approved In checking with Sue Filson yesterday, she informs me that she has not yet received the Resolution (referenced above) for Commissioner's signature, however, it was hand delivered to Sandra Lea /Administration last Monday morning or November 14, 2005. As soon as it is received by Ms. Filson and is signatured and forwarded to Minutes & Records, I have a special request, please. The Enterprise Zone must receive copy of the Signed/Sealed Resolution no later than November 30, 2005, therefore, Comprehensive Planning requests copy to be made available for pick up as soon as possible, so that it can be mailed to the various members, accordingly. Please advise when this has been received, signed/sealed and we will be happy to send one of our Planning Techs to pick up the document, accordingly. Thank you in advance for your assistance in helping us get this Resoluton to the Enterprise Zone members. Also, Sandra, if it will help expedite, we can assist in getting the document delivered to Sue Filson, accordingly. Please advise. Marcia R. Kendall, Planner Comprehensive Planning Department Phone: 239 - 403 -2387 Fax: 239 - 213 -2946 Email: marciakendall@colliergov.net colliergov.net 11/17/2005 17H -Ad MEMORANDUM Date: November 17, 2005 To: Thomas Greenwood, Principal Planner Planning Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -398: Redesignation of the Immokalee Enterprise Zone Attached, please find one (1) copy of the original document as referenced above, Agenda Item #17H, approved by the Board of County Commissioners on Tuesday, November 15, 2005. The original is being retained for the record. If you should have any questions, please call me at 774 -8406. Thank you. Enclosure 7Hy i�tef d A?9 RESOLUTION NO. 3 9 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE REDESIGNATION OF THE IMMOKALEE ENTERPRISE ZONE, PROVIDING REASONS FOR REDESIGNATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001- 290.016, Florida Statutes, to provide incentives by both state and local governments to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, on March 28, 1995. the Board of County Commissioners adopted Resolution Number 95 -248 nominating the Immokalee community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated a portion of the Immokalee community as an Enterprise Zone effective January 1, 1997; and WHEREAS, the Immokalee community, as part of a cooperative application with Hendry County and the Seminole Indian Tribe of Florida, was designated a Federal Rural Enterprise Community under the Empowerment Zone/Enterprise Community Initiative by the US Department of Agriculture in January, 1999; and WHEREAS, on September 14, 1999, the Board of County Commissioners adopted Resolution No. 99 -342, revising the boundaries of the Immokalee Enterprise Zone to include all of present -day Census tracts 112.04, 112.05, 113, and 114; and WHEREAS, Section 290.012, Florida Statutes, the Florida Enterprise Zone Act, requires that a resolution be passed requesting redesignation of each existing enterprise zone by the local government submitting an application for redesignation of the enterprise zone to the State and explaining the reasons and conditions for which the Enterprise Zone merits redesignation; and WHEREAS, the redesignation is necessary to continue participation in the Florida Enterprise Zone Program past the expiration date of December 31, 2005, until December 31, 2015, and WHEREAS, the Immokalee Enterprise Zone has been a proven economic benefit to the residents of the County, and therefore merits redesignation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners finds that the redesignation is necessary to the continued participation in the Florida Enterprise Zone Program, until its current expiration on December 31, 2015. 2. The Board of County Commissioners adopts this resolution in compliance with Section 290.012, Florida Statutes, Florida Enterprise Zone Act, to nominate the Immokalee Enterprise Zone for redesignation. The nominated area is herein depicted on the attached map and by reference as Attachment "A ". 3. The Board of County Commissioners finds that the Immokalee Enterprise Zone merits redesignation, given that the area remains in need of economic and social revitalization herein incorporated by reference as shown by the existing conditions set forth in Attachment "B ". 4. The Board of County Commissioners finds that the Immokalee Enterprise Zone merits redesignation based on its proven economic benefit, as set forth in Attachment "B" herein incorporated by reference. 1 17H it 5. The Resolution shall be effective upon adoption. This Resolution adopted after motion, second and majority vote this day of 2005 ATTEST: DWIGHT E. BROCK h ` De]A Clerk c' < Appro r , `and Legal sufficiency By: IArjorie Student - Stirling, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. C 2�� 'L FR D W. COYLE, CH MAN 2 € 117H CorL�ier y November 18, 2005 ._J Bridget Merrill -, Enterprise Florida, Inc. The Atrium Building, Suite 201 325 John Knox Road Tallahassee, Florida, 32203 _ Overnight Mail Return Receipt Requested Re: Application for Redesignation of the Immokalee Enterprise Zone Dear Ms. Merrill: Please find enclosed an original and copy of the application package. Kindl c me if you need additional information at 239 - 403 -2323. Y all Sinc rely, Thomas Greenwood, AICP , Principal Planner Enclosures ATTAC NT A sin / ------------ � ° � ` \ «o �B Xe n �} / | COLLIER COUNTY, FLORIDA 2000 CENSUS TRACTS rl ueaa 02 04 104.08 104.¢ 11PP I __j L_w• -r ;0413 Oct, '0503, 105 .04 107 ww.oj Uoa ta'al 117903 s i { Ji I ----- - - - - -- n j I _ m a I W I I; r -11�-I I I I I I I ?: I � — I v — � I 1, 1 NJI53 n5nve!_ I I I I I J - vY N I a� xo_ �2._ 17H ATTACHMENT B Existing Conditions and Program Accomplishments of the Immokalee Enterprise Zone Existing Conditions Merit Redesignation The Immokalee Enterprise Zone was designated by the State of Florida, with an effective date of January 1, 1997. Based on the 2000 Census, the nominated area was still identified as a distressed community with a high level of unemployment and a high level of poverty. Based on the 2000 Census, the nominated area meets the eligibility requirements for the Florida Enterprise Zone Program pursuant to section 290.0058, Florida Statutes. The unemployment rate was 13.2 percent. The poverty rate was 39.1 percent. Of the 21,610 total population, 8,452 was living in poverty. Program Accomplishments In FY 2004 the following accomplishments were achieved due to the State's designation of the Immokalee Enterprise Zone, which contributed to an enhanced coordination of the EZ program with other limited available resources: • Collier County assigned an EZ Program Coordinator to implement the Enterprise Zone in 1997. The EZ Program Coordinator's duties were affirmed in the FY 2005 Collier County Budget. • The Collier County Enterprise Zone Development Agency (EZDA) Board met on a regular basis in FY 2004 and elected officers. • Since receiving Enterprise Zone designation, the Immokalee community has benefited from various tax incentive programs designed to encourage business investment in the area, including job tax credits (sales and use tax), sales tax refund for business machinery and equipment, sales tax refund for building materials, jobs tax credit (corporate income tax), property tax credit (corporate income tax), and benefits from the community contribution tax credit propram (corporate income tax or sales tax refund). • A marketing program has been continued with the distribution of marketing brochures and Enterprise Zone packages, articles and advertisement, through the Chamber of Commerce, Collier County Economic Development Council and the local newspaper, Immokalee Bulletin. 17H • The Enterprise Zone is working closely with the Collier County EDC and the Empowerment Alliance of Southwest Florida to assist new and existing companies with business expansion. • During FY 2004, 22 businesses have been assisted by the EZDA, including manufacturing and retail. A total of 25 jobs were created in the EZDA with 1 business locating within the EZDA. 17H .. FLORIDA ENTERPRISE ZONE APPLICATION PACKAGE FOR RURAL ENTERPRISE ZONE RE- DESIGNATION 8E -12 EZD #2005 -RE -RURAL -DES (effective: August 8, 2005) NAME OF NOMINATING GOVERNING BODY: Collier County Board of County Commissioners Chief Elected Official: Title: Fred W. Coyle Chairman, District 4 Address: Contact Numbers: 3301 East Tamiami Trail Phone 239 - 774 -8097 Naples, Florida, 34112-4977 Fax 239 - 774 -3602 E -Mail: Contact Person: Title: Interim Director, Comprehensive Planning Randy Cohen, AICP Department Address Contact Numbers: 2800 N. Horseshoe Drive Phone 239 - 403 -2903 Naples, Fl. 34104 Fax 239 - 213 -2946 E -Mail: Randy Cohen @Colliergov.net EXISTING ENTERPRISE ZONE DESIGNATION Our Existing Enterprise Zone Number is: EZ -1101 17H Please attach a copy of the most recent letter designating your existing area as a state Enterprise Zone. Tab A of the Attachments. RURAL ENTERPRISE ZONE DESIGNATION Our Rural Enterprise Zone Designation is based upon: 94- Our population is 75,000 or fewer, or 100,000 or fewer and contiguous to a county with a population of 75,000 or fewer. Our Enterprise Zone was designated in accordance with section 290.0065(5)(b), Florida Statues (Rural Empowerment Zone or Rural Enterprise Community). Our Enterprise Zone was designated in accordance with section 370.28, Florida Statues (Communities adversely impacted by net limitations). RURAL ENTERPRISE ZONE RE- DESIGNATION REQUEST X Requesting our Rural Enterprise Zone be re- designated as an Enterprise Zone; or Requesting a boundary change to our existing Rural Enterprise Zone. Up to three non - contiguous areas are eligible for designation. NOMINATED AREA Please attach a written, detailed geographic description of the Nominated Area. Tab B of the Attachments. Please enclose the following maps indicating each non - contiguous area of the nominated KJOxim A street map showing the boundaries of the nominated area (streets & avenues). 2. A map showing the nominated area in relation to the jurisdiction of the 17H nominating governing body or bodies. NON - CONTIGUOUS AREAS Our nominated area has one non - contiguous areas. ELIGIBILITY CRITERIA The Nominated Area must not exceed 20- square miles pursuant to Section 290.0055 (4), Florida Statutes. Not applicable per 290.0065(50(B), Florida Statutes. Is the nominated area located in one jurisdictional area? X YES Please name the jurisdiction: Collier County with October 1, 2005, estimated population of 327,031. NO An Interlocal Agreement should be enclosed outlining the arrangements between the nominating governing body and other jurisdictions that contain portions of the nominated area. Tab of the Attachments. If NO, the nominated area is located in the following jurisdictional areas: County: Municipality: Municipality: Municipality: What is the total square mileage of the Nominated Area? 125 square miles What method was used to determine the total square mileage? Use of county assessment maps. How many non - contiguous areas are located within the Nominated Area: One 17H GOVERNING BODY RESOLUTION Each governing body that contains a portion of the nominated area is required to adopt a resolution pursuant to 290.0065 (4) (a), F.S., which: 1. Requests Enterprise Zone re- designation and provides a map of the nominated area located within their jurisdiction. 2. Provides an explanation of why the conditions of the enterprise zone located within their jurisdiction merits re- designation. In consultation with Enterprise Florida, Inc., OTTED may consider the following factors when examining the conditions for re- designation: A. Progress made, if any, in the enterprise zone's strategic plan. B. Use of enterprise zone incentives during the life of the enterprise zone. Please list the date the nominating governing body: Collier County Board of County Commissioners adopted the Resolution: November 15, 2005 Please attach a copy of the resolution. Tab C of the Attachments �I MEASUREABLE GOALS For an existing Rural Enterprise Zone to be re- designated, the governing body must submit measurable goals that have been developed by the Enterprise Zone Development Agency, which may be the goals established in the Enterprise Zone's Strategic Plan. Each measurable goal must include data that establishes the existing situation (benchmark) as well as the proposed methodology to measure the progress of meeting the goal on an annual basis. Please attach a copy of the measurable goals Possible Format: • GOAL STATEMENT: • OBJECTIVE: • ANNUAL INCREASE (NUMBERS OR PERCENTAGES): • MEASUREMENT METHODOLOGY: • COMPLETION DATE (IF APPLICABLE): Tab D of the Attachments. ENTERPRISE ZONE APPLICATION CHECKLIST Please indicate with a check mark if a document/attachment has been submitted and indicate the Tab Number for the document or attachment: TAB NUMBER x Florida Enterprise Zone Designation Letter A x Street Map of Nominated Area Showing Boundaries B x Resolution(s) requesting re- designation and C reasons for re- designation. X Measurable Goals for the Nominated Area D 'I7H APPLICATION PACKAGE CERTIFICATION Please make an additional copy of this page for each additional jurisdiction that contains a portion of the nominated area. I hereby certify that the nominated area meets all eligibility requirements and that to the best of my knowledge and belief: a. the information in this application package is true and correct; b. the governing body has the authority to nominate such area; c. the nominating governing body shall comply with local, state and federal program requirements; and d. the nominated area meets each of the eligibility criteria set forth in the program rules. NOMINATING GOVERNING BODY JURISDICTION: Collier County, Florida CHIEF ELECTED OFFICIAL: Fred W. Coyle Printed name Signature Chairman and District 4 Commissioner Title Date Bridget M. Merrill Enterprise Florida, Inc. The Atrium Building; Suite 201 325 John Knox Road Tallahassee, Florida 32303 U i I ELI Fax �bt)- unr -6UI4 LIc t i It 1 , u�) 7H-- October 18, 1999 MTfl OF R ORlDA ( � of five (Subxerx= TM CAPITOL TAUAjWS£Y, FLORIDA 32349.0001 The Honorable Pamela s• MaeKie Chairwoman Collier County Board of County Commissioners 3301 Fast Tamiami Trail Naples, Florida 34112 WMIOWSI Dear Chairwoman Mac'K'me: our office reviewed Collier Coumy's request to amend the boundary of the Imm 0kalee Enterprise Zone Number EZ -1141 {p ursu2nt to section Zg0.0A65 (5), Florida Statutes). The purpose of this letter is to inform you that we have approved your request. Our approval is based on time information and maps provided in Resolution Number 99 -342, which was approved by the Collier County Board of County Commissioners on September 14. 1999. The effective date of the amended enterprise zone boundary Will be November 1, 1999, As a result Of this approved boundary amendment businesses located well as local gwithi nl n ;s mended area will be eligible for the financial incetltives offered by the We hope the amended boundary of the immokalce Enterprise Zone will er'hance your regarding this boundary efforrs irk Collier County- If you or any mermmber of your staff have any questions amendment, please call Burt Von Hoff at 8541487 -2568. ivri ammmml Tourism, Trade and Economic Development 3AVlbv cc: Greg Mihalic 14elene Caseltine 1 .4 4,11 ' _ i _i DESCRIPTION OF THE IMMOKALEE ENTERPRISE ZONE IN COLLIER COUNTY, FLORIDA, ALL OF THE FOLLOWING TOWNSHIPS: • TOWNSHIP 46 SOUTH, RANGE 28 EAST • TOWNSHIP 46 SOUTH, RANGE 29 EAST • TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 8,9 10, AND 11 OF TOWNSHIP 47 SOUTH, RANGE 29 EAST, CONTAINING APPROXIMATELY 112 SQUARE MILES. 17H **TA$ RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE REDESIGNATION OF THE IMMOKALEE ENTERPRISE ZONE, PROVIDING_ REASONS FOR REDESIGNATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001- 290.016, Florida Statutes, to provide incentives by both state and local governments to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, on March 28, 1995. the Board of County Commissioners adopted Resolution Number 95 -248 nominating the Immokalee community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated a portion of the Immokalee community as an Enterprise Zone effective January 1, 1997; and WHEREAS, the Immokalee community, as part of a cooperative application with Hendry County and the Seminole Indian Tribe of Florida, was designated a Federal Rural Enterprise Community under the Empowerment Zone/Enterprise Community Initiative by the US Department of Agriculture in January, 1999; and WHEREAS, on September 14, 1999, the Board of County Commissioners adopted Resolution No. 99 -342, revising the boundaries of the Immokalee Enterprise Zone to include all of present -day Census tracts 112.04, 112.05, 113, and 114; and WHEREAS, Section 290.012, Laws of Florida, the Florida Enterprise Zone Act, requires that a resolution be passed requesting redesignation of each existing enterprise zone by the local government submitting an application for redesignation of the enterprise zone to the State and explaining the reasons and conditions for which the Enterprise Zone merits redesignation; and WHEREAS, the redesignation is necessary to continue participation in the Florida Enterprise Zone Program past the expiration date of December 31, 2005, until December 31, 2015, and WHEREAS, the Immokalee Enterprise Zone has been a proven economic benefit to the residents of the County, and therefore merits redesignation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I 17H 1. The Board of County Commissioners finds that the redesignation is necessary to the continued participation in the Florida Enterprise Zone Program, until its current expiration on December 31, 2015. 2. The Board of County Commissioners adopts this resolution in compliance with Section 290.012, Florida Statutes, Florida Enterprise Zone Act, to nominate the Immokalee Enterprise Zone for redesignation. The nominated area is herein incorporated by the attached map and by reference as Attachment "A ". 3. The Board of County Commissioners finds that the Immokalee Enterprise Zone merits redesignation, given that the area remains in need of economic and social revitalization herein incorporated by reference as shown by the existing conditions set forth in Attachment `B ". 4. The Board of County Commissioners finds that the Immokalee Enterprise Zone merits redesignation based on its proven economic benefit, as set forth in Attachment `B" herein incorporated by reference. 5. The Resolution shall be effective upon adoption. This Resolution adopted after motion, second and majority vote this day of , 2005 ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk Approved as to form and Legal sufficiency By: Marjorie Student - Stirling, Assistant County Attorney 2 FRED W. COYLE, CHAIRMAN 0 111E ARM ", MKIRi — IfR. YiAI 9d'4QR AC COMIMTf DrAm R ND 01111W1B Tx =RNgO OVIlOI a-M 12/03 Am W— &Z— iMiDMC ATTIZUNT A i - ��° �. 17H ATTACHMENT B Existing Conditions and Program Accomplishments of the Immokalee Enterprise Zone Existing Conditions Merit Redesignation The Immokalee Enterprise Zone was designated by the State of Florida, with an effective date of January 1, 1997. Based on the 2000 Census, the nominated area was still identified as a distressed community with a high level of unemployment and a high level of poverty. Based on the 2000 Census, the nominated area meets the eligibility requirements for the Florida Enterprise Zone Program pursuant to section 290.0058, Florida Statutes. The unemployment rate was 13.2 percent. The poverty rate was 39.1 percent. Of the 21,610 total population, 8,452 was living in poverty. Program Accomplishments In FY 2004 the following accomplishments were achieved due to the State's designation of the Immokalee Enterprise Zone, which contributed to an enhanced coordination of the EZ program with other limited available resources: • Collier County assigned an EZ Program Coordinator to implement the Enterprise Zone in 1997. The EZ Program Coordinator's duties were affirmed in the FY 2005 Collier County Budget. • The Collier County Enterprise Zone Development Agency (EZDA) Board met on a regular basis in FY 2004 and elected officers. • Since receiving Enterprise Zone designation, the Immokalee community has benefited from various tax incentive programs designed to encourage business investment in the area, including job tax credits (sales and use tax), sales tax refund for business machinery and equipment, sales tax refund for building materials, jobs tax credit (corporate income tax), property tax credit (corporate income tax), and benefits from the community contribution tax credit propram (corporate income tax or sales tax refund). • A marketing program has been continued with the distribution of marketing brochures and Enterprise Zone packages, articles and advertisement, through the Chamber of Commerce, Collier County Economic Development Council and the local newspaper, Immokalee Bulletin. • The Enterprise Zone is working closely with the Collier County EDC and the Empowerment Alliance of Southwest Florida to assist new and existing companies with business expansion. 17H During FY 2004, 22 businesses have been assisted by the EZDA, including manufacturing and retail. A total of 25 jobs were created in the EZDA with 1 business locating within the EZDA. 17p MEASURABLE GOALS FOR THE IMMOKALEE ENTERPRISE ZONE #1101 (Census Tracts 112.04, 112.05, 113, and 114) November, 2005 Preface to Present Day Immokalee, Collier County, Florida A. Historic Immokalee Population Growth. The Immokalee Community continues as a chronically poor community with high unemployment even though the economic indicators have improved somewhat since 1990. Immokalee's permanent population continues to increase from 3,764 in 1970 to 21,610 in 2000, according to the US Census of Population. The October 1, 2005, Collier County Comprehensive Planning Department population estimate prepared for the Immokalee Community shows a permanent population of 24,513, or a 13.4% increase since 2000. B. Present Maior Projects and Initiatives in and Near the Immokalee Community • Ave Maria University and Surrounding Residential Development. This major development, currently under construction and located just 5 miles south of Immokalee, will result in the opening of a small university in fall 2007. The university is planned to ultimately have a student body of approximately 4,000 and a surrounding residential development of approximately 11,000 homes and 24,000 residents. The first phase of residential construction at Ave Maria community is planned to begin in mid -2006 with completion in mid -2007. Total residential build -out at Ave Maria is planned for 2015. • New Town of 16,000 Two Miles South of Immokalee. On October 2, 2005, the Naples Daily News reported that several large tracts of land located 2 miles south of Immokalee, between Immokalee and Ave Maria University, is the planned location for a U.S. Home mixed use development which could accommodate up to 8,000 homes and more than 16,000 residents. • Revised Immokalee Area Master Plan and Rural Land Development Code. In September, 2005, Collier County entered into a contract with RMPK Group, Inc. of Sarasota, Florida, to carry out an extensive study of Immokalee which study is planned to lead to an action plan of public and private investments in Immokalee surrounding area. Among the Economic Feasibility deliverables from this report, scheduled to be completed in 2006, are the following: 1 17H 1. Economic Feasibility 2. Market Analysis Report 3. Economic Positioning Strategy Technical Report and Summary Report The above current projects are mentioned because they are: • Current and very substantial and close to Immokalee; • Likely to have a major potential positive impact on Immokalee and the surrounding area; • Indicators of the future economic potential of the Immokalee Community; • Significant opportunities for service employment in the Immokalee Community; • Indicators of a likely significant increase in the rate of improvements to transportation and public infrastructure in the Immokalee Community; • Likely to increase the rate of urbanization of the Immokalee Community, thus helping it move from its historic rural and agricultural based economy to an economy which more closely resembles that of Southwest Florida as a whole; and • Indicators of the possible development of an economic niche that Immokalee, partly because of its diverse culture, couldfill. The Revised Immokalee Area Master Plan and Rural Land Development Code , when they are completed in 2006, will help in delineating a clearing and achievable detailed course of action for future private and public investments for the Immokalee Community. C. Economic Conditions in the Immokalee Community. According to the 2000 US Census of Population, the following are the current indicators of economic deficiencies in the Immokalee Community: • Unemployment Rate of 13.2% • Poverty Rate of 39.1% • Child Poverty Rate of 29.0% Source: Attachments A and B were created from the 2000 US Census, United States Census Bureau, SF 3 tables. I. IDENTIFICATION OF PROBLEMS UNDERLYING THE CURRENT ECONOMIC INSUFFICIENCY OF THE IMMOKALEE COMMUNITY The Immokalee Community has previously been identified as having the following problems, which, individually and collectively, have contributed to its current level of economic insufficiency. These problems have been identified in the following documents and publications (referred to by reference), developed with significant 2 17H public involvement and citizen participation, including surveys of residents and businesses and physical inspections and analysis of the Community: • Immokalee Empowerment Zone Application • Growth Management Plan for Collier County • Immokalee Redevelopment Plan (Immokalee Local Redevelopment Advisory Board and Community Redevelopment Agency) • Immokalee Enterprise Zone Application Problem 1: There is a very high level of need for vocational education for adults and older y.qgth. Barriers to accessing education for higher paying jobs are language, literacy skills, child care and location of services requiring transportation. Problem 2: There is a large number of people in Southwest Florida who can only work in entry, level in the seasonal agriculture and hospitality industries. Approximately 47% of households in Immokalee earn less than $15,000 per year. Problem 3: Approximately 80% of teachers, medical service providers, law enforcement officers and retail managers commute to the Zone from coastal communities 30 to 40 miles away from the Zone. Problem 4: A 2001 Business Retention and Expansion and Visitors survey, conducted by Collier County Extension, with results from 89 out of 329 retail managers and business owners surveyed highlighted two major areas of concern: • low training and educational level of the labor pool; and • lack of basic recreational businesses for the community such as, a movie theater. Problem 5: There are limited employment opportunities in the Immokalee Community that provide a competitive, year -round wage. Problem 6: The uncertainty of the future of agriculture in the Zone due to NAFTA, unpredictable weather changes, and the loss of the independent farmer have collectively resulted in minimum reinvestment in the area. Problem 7: The Zone is competing with urban areas to attract diversified business opportunities and is faced with the perceived negative images of an unskilled labor force, lack of commercial amenities, and a diversified ethnic population. Problem 8: Small businesses have positioned themselves to be reliant on the success of the agriculture season which has resulted in stagnant business investment. Problem 9: The availability of housing stock, tock, both quality and quantity, continues to be a problem for Immokalee residents with an indicated 25% in need of demolition or repair and 20% of housing stock having overcrowded conditions. Problem 10: The overall appearance of the Immokalee Community, which shows evidence of years of lack of public and private investment, is not conducive to business investment in the Community. The following are examples of public 3 17H improvements which are less than adequate to support and encourage private reinvestments into the Community: • inadequate street layout and design • lack of shoulders and guardrails along streets adjacent to deep and wide drainage swales • poor access to commercial and industrial parking and access problems • few sidewalks available for a predominately pedestrian population • a general lack of neighborhood connections to each other • lack of a developed and well maintained park system II. GOALS AND STRATEGIES GOAL #1 TO REDUCE THE UNEMPLOYMENT RATE IN THE IMMOKALEE COMMUNITY FROM ITS CURRENT ESTIMATED 13.2% TO 6.6% BY DECEMBER 31, 2015. The goal is to reduce the unemployment rate by approximately 0.66% per yea and will be measured by best available employment information as provided through state and local agencies. Strategy I. Continue the exemption of the county impact fees in the industrial park and the Foreign Trade Zone. This exemption is provided through Collier County. This incentive for development is on -going and measured by monitoring its continuation through the review of Collier County records by the EZ coordinator. Strategy 2. Continue the Foreign Entrepreneurial Investment Zone and more aggressively market the Zone by the Community Redevelopment Agency of Collier County, Immokalee Area Chamber of Commerce, Collier County Economic Development Council, and the Board of County Commissioners. Strategy 3. Continue the Micro Loan Program and encourage its expansion through the Local Redevelopment Advisory Board. Strategy 4. Continue with the Community Contribution Tax Credit Program Strategy 5. Continue with the Fast Trac program, which is a business leadership program for new businesses. 11 17H Strategy 6. Continue with the small business counselor, based in Immokalee, as provided through the Small Business Development Center of Florida Gulf Coast University. Strategy 7. There is currently a vocational training center in Immokalee. It is planned to develop and deliver a construction trades training center (a "storefront" center) at Immokalee, which is scheduled to open in 2007 through the Collier County Extension. Strategy S.Continue the operation of the PACE program for girls in school to provide catch up, remedies, and social services to allow the girls to return to the main stream school system. GOAL #2 TO REDUCE THE POVERTY RATE IN THE IMMOKALEE COMMUNITY FROM ITS CURRENT ESTIMATED 39.1% TO 19.6% BY DECEMBER 31.2015. Measuring annual improvements to the poverty rate with precision will not be possible. Annual checks with social service agencies will be employed so as to gain a better understanding of poverty trends. Additionally, the 2010 United States Census of Population will provide a good measure of poverty and poverty trends halfway into the 2005 -2015 goal period. Strategy 1. Continue and increase with the small business counselor, based in Immokalee, as provided through the Small Business Development Center of Florida Gulf Coast University. Strategy 2. Continue the Pre -K -12 LEP programs, peer tutors, parent literacy, after school and Saturday school programs to increase English language training. Strategy 3. Continue the Head Start Program for Limited English proficiency and continue the Pre - Kindergarten Programs. Strategy 4. Continue the School -to- Career program in place, K -12 mentoring, job shadowing, curriculum alignment to workplace skills, and student internships at work sites to improve student employability. Strategy 5. Continue to operate facilities for child care: Guadalupe Family Center, Immokalee Child Care Center, and the Redland Christian Migrants Association day care, which currently provides Wi 17H care to children through fifth grade and may be expanded to accommodate older children. Redlands home base for Florida is located in Immokalee. Strategy 6. Continue expansion of services on the Seminole Indian Reservation, the youth ranch, and the rodeo grounds. Strategy 7. Develop and market incentives to participate in training programs: such as public recognition -child care and tutoring services to children; clothing and transportation allowance; health screening; peer support groups and meal service at a nominal price. At this time a task has been formed consisting of Pulte Homes, Suffolk/Kraft/Opus, Collier County Schools, Southwest Florida Empowerment Alliance, Southwest Florida Workforce Development Board, to develop a strategy for day care, training in the trades, etc. to bring more Immokalee residents into the mainstream of the Immokalee and Collier County economy which is increasingly being driven by new construction in and near Immokalee. This effort is underway in 2005 and plans are to develop the strategy in 2006. Strategy 8. Develop English in the Workplace programs for Spanish and Creole speakers at worksites while emphasizing business English at high school level. Strategy 9. Provide workshops followed by one on ones to teach family financial management and other appropriate life skills through Collier County Extension and the Southwest Florida Empowerment Alliance. Strategv 10. Provide flexible hours (Saturday and evening classes) for Vo Tech training_ Strategy 11. Market the One -Stop Job Training and Career Center in conjunction with Southwest Florida Workforce Development Board to coordinate welfare -to -work, school -to -work, and other job training and job placement initiatives for rural residents. Strategy 12. Expand the High Schools' mechanics and construction trades programs to adults and include agricultural and landscape maintenance as well as truck driving and mechanic school and provide transportation to classes. GOAL #3: TO REDUCE THE CHILD POVERTY RATE FROM ITS CURRENT ESTIMATED 29.0% TO 14.5% BY DECEMBER 31 2015. Child poverty rate reductions of 1.45% annually is the goal and progress will be measured by contacts m 17H with agencies and organizations providing services to families and individuals within the enterprise zone area. Strategy 1. Continue the operation of the Collier County Health Services, Inc. and continue the operation of the public health facility. Stategy 2 Support the Florida State University rural branch medical school to open in January, 2006, in Immokalee. Strategy 3. Continue the Pre -K -12 LEP programs, peer tutors, parent literacy, after school and Saturday school programs to increase English language training. Strategy 4. Continue the Head Start Program for Limited English proficiency and continue the Pre - Kindergarten Programs. Strategy 5. Continue the School -to- Career program in place 3/97 -K -12, mentoring, job shadowing, curriculum alignment to workplace skills, student internships at work sites to improve student employability. Strategy 6. Continue to operate facilities for child care: Guadalupe Family Center, Immokalee Child Care Center and the Redland Christian Migrants Association, which is based in Immokalee. Strategy 7. Continue expansion of services on the Seminole Indian Reservation, the youth ranch, the rodeo grounds. GOAL #4: TO IMPROVE THE OVERALL QUALITY AND QUANTIFY OF IMMOKALEE HOUSING BY2015. Strategy 1. Reduce housing overcrowding from 20% to 10% by 2015 by: • continuing to support the work of Habitat for Humanity, Southwest Florida Empowerment Alliance, and Collier County Housing Authority to provide for the construction of new affordable homes; • continuing a down payment and closing cost assistance program for qualified first time homeowners; 7 17p • continuing impact fee waiver deferrals; • amending the Growth Management Plan to provide for special incentives in the Immokalee Community to provide for a certain amount of affordable housing as part of new housing developments; • extending water and sewer to provide for construction ready sites for new affordable housing; Measuring changes in housing overcrowding will be difficult, using an annual method. The 2010 US Census of Population will be the next best source of housing overcrowding in the Immokalee area. Since 2010 is in the middle of the planning period, this information will provide a good measure of progress in meeting this goal. Strateizy 2. Provide a county -wide affordable housing linkage inkage program in 2006 linked to new housing construction and commercial building construction which would: • require that a yet to be determined percent (tentatively 10 %) of all new housing in a new housing development be made affordable using a density bonus to reimburse the residential developers; or • require payment by the developer, in lieu of constructing affordable housing, of an "affordable housing linkage fee" Newly constructed housing would be made available to those who qualify (individuals and families with yearly incomes less than 80 percent of the median household income for Collier County with payments that do not exceed more than 30% of their monthly income). In lieu of the construction of affordable housing by the developer, a fee would be paid to a proposed Affordable Housing Trust Fund which funds could be used to: • purchase sites for affordable housing developments • provide economic incentives to developers of affordable housing on sites owned by the Collier County or by a private developer • other uses permitted by law This strategy is currently being developed by the Collier County Affordable Housing Commission for presentation to the Collier County Planning Commission and the Collier County Board of County Commissioners (BCC) in late 2005 or early 2006. If approved by the BCC, the program would become part of the Growth Management Plan and the Local Development Code. Preliminary estimates, based upon 2004 and 2005 new residential floor areas and commercial floor areas added in Collier County, indicate the following could be the result of the implementation of the program: • 550 new affordable housing units per year (assuming 5500 total added each year); or • $13,500,000 in affordable housing linkage fees; or • A combination of the new affordable housing units and linkage fees 17p GOAL #5 TO IMPROVE THE OVERALL APPEARANCE OF THE IMMOKALEE COMMUNITY TO ENCOURAGE PUBLIC AND PRIVATE REINVESTMENT BETWEEN 2005 AND 2015 The annual report on changes to the appearance of the Immokalee Community will include descriptions and photos of actual improvements and which organizations were responsible for each improvement. Strategy 1 Complete the currently contracted Immokalee Redevelopment Plan Update and Comprehensive Plan and Local Development Code in 2006 (the Plan). This Plan project is under contract between the Community Redevelopment Agency and the Board of County Commissioners for Collier County and RMPK Group, Inc. which has a business address in Sarasota, Florida. This project began in September, 2005, with a series of meetings, focus groups, focus group work sessions, etc. involving the following: • Collier County Planning Commission • Collier County Board of County Commissioners • Business representatives • Community service representatives • Housing provider representatives • Government representatives • Educational representatives • Tourism and recreational representatives • Etc. The Plan will include the following: • Inventory of existing reports, documents, plans, studies, etc. • Focus groups /workshops • Analysis of problems related to the development review process, county's impact fees, impediments which may prevent Immokalee from competing on a higher economic level, downtown design theme, public open space, community infrastructure, landscape, visual conditions, right of way design, existing building setback design, traffic circulation, service access, parking location and quantity, lighting conditions, paving conditions, drainage conditions, utilities constraints, building fagade conditions, vacant land opportunities, land use /circulation, compatibility, viable redevelopment sites, opportunities and constraints, vacant land, traffic hazard areas, demographics, and others. Strategy 2 Implementation, during the 2005 to 2015 period, of various aspects of the Immokalee Redevelopment Plan Update. This process will necessarily involve the active participation and coordination of the focus groups outlined in Strategy 1 as well as many other investors and stakeholders in the community building process. Because the redevelopment plan and programs, etc. have not yet been identified and the timing for 9 17H carrying out the various facets of the plan has not been determined, it is impossible to provide a detailed time plan for plan implementation. Strategy 3. Support the continued efforts of efforts of such non - profit groups as the Redlands Christian Migrants Association in beautification efforts such as that recently carried out by Redland which provided entry signage, landscape treatment, etc. along Highways 29 and 846 at six different locations. Also continue to support Immokalee's efforts at a self tax to improvement the community. In 2006, a 160 foot very attractive tile mural will be constructed on Main Street in Downtown Immokalee depicting the history of the area and its ethnic background. 10